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Martinez v. State

Court of Appeals of Texas, Fifth District, Dallas
May 27, 2008
No. 05-07-00349-CR (Tex. App. May. 27, 2008)

Opinion

No. 05-07-00349-CR

Opinion Filed May 27, 2008. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the 380th Judicial District Court Collin County, Texas, Trial Court Cause No. 380-82023-05.

Before Justices FITZGERALD, RICHTER, and LANG-MIERS.


OPINION


Johnny Martinez waived a jury and pleaded guilty to possession of cocaine in an amount of less than one gram. Pursuant to a plea agreement, the trial court assessed punishment at two years' confinement in a state jail facility, probated for four years, and a $1000 fine. The State later moved to revoke appellant's community supervision, alleging nine violations. At a hearing on the motion, appellant pleaded true to all of the allegations. The trial court found the allegations true, revoked appellant's community supervision, and assessed punishment at two years' confinement in a state jail facility. In a single issue, appellant contends the trial court abused its discretion in revoking his community supervision. We affirm the trial court's judgment. Appellant argues the trial court abused its discretion in revoking his community supervision because the trial judge refused to consider the entire range of punishment before sentencing him. The State responds appellant has not preserved his complaint for appellate review and, alternatively, the record does not support appellant's complaint. Appellant's challenge is to the punishment imposed rather than the actual revocation of community supervision. Appellant did not complain about the sentence either at the time it was imposed or in his motion for new trial. See Tex. R. App. P. 33.1(a)(1); Hull v. State, 67 S.W.3d 215, 217 (Tex.Crim.App. 2002). Moreover, there is nothing in the record that shows the trial judge did not consider the full range of punishment before sentencing appellant. We resolve appellant's sole issue against him. We affirm the trial court's judgment.


Summaries of

Martinez v. State

Court of Appeals of Texas, Fifth District, Dallas
May 27, 2008
No. 05-07-00349-CR (Tex. App. May. 27, 2008)
Case details for

Martinez v. State

Case Details

Full title:JOHNNY MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 27, 2008

Citations

No. 05-07-00349-CR (Tex. App. May. 27, 2008)