Opinion
No. 07-08-0398-CR
September 3, 2009. DO NOT PUBLISH.
Appealed from the 242nd District Court of Hale County; No. B14364-0203; Honorable Ed Self, Judge.
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Jessie Perez, pled true to the State's allegations in its Motion to Revoke Community Supervision and was sentenced to confinement for two years and fined $2,000. In a single point of error, Appellant contends the trial court erred by entering a written judgment, in conflict with the oral pronouncement of sentence, which stated in relevant part that "[t]he sentence in this case shall run and be satisfied before the sentence in Cause No. B17679-0806 shall begin." We affirm.
Background
In March 2002, Appellant was indicted by a Hale County Grand Jury for intentionally or knowingly possessing a controlled substance, cocaine, in the amount of less than one gram. In May 2002, Appellant pled guilty pursuant to a plea bargain which included deferred adjudication. In June 2002, he was sentenced to deferred adjudication and placed on community supervision for five years with conditions and fined $1,000. In August 2003, the State filed a motion to proceed with an adjudication of guilt alleging that Appellant had violated the conditions of his deferred adjudication. The trial court held a hearing and Appellant pled true to the State's allegations in its motion. Finding that Appellant violated the conditions of his community supervision, the trial court found him guilty of the offense of possession of a controlled substance as charged in the March 2002 indictment, suspended the sentence of imprisonment for two years, fined him $2,000, and placed him on community supervision for five years with conditions. In August 2008, the State filed a motion to revoke his community supervision alleging that Appellant had violated his conditions of community supervision by committing forgery, using cocaine, failing to pay court costs, attorney's fees, and restitution on a monthly basis. Appellant stipulated to the State's allegations. On September 22, 2008, the trial court held a hearing on the State's motion and the following exchange occurred, in pertinent part, as follows:COURT: Next is B14364, the State versus Jessie Perez. The record will show that the State is present by its assistant district attorney. Mr. Perez is present together with counsel. This is a hearing on a motion to revoke community supervision. Are the parties ready?
STATE: The State is ready, Your Honor.
DEFENSE: The defendant is present and ready, your Honor. We also have a guilty plea.
COURT: Well, we're taking these one at a time. We're not trying them together.
DEFENSE: Yes sir.
COURT: All right. Mr. Perez, in this case there's been filed a Motion to Revoke your probation, alleging that you violated certain rules of your probation. Do you understand those allegations?
DEFENDANT: Yes, Your Honor.
COURT: What is your plea to those allegations? Are they true or not?
DEFENDANT: They're true, Your Honor.
* * *
COURT: All right. Mr. Perez, based on your plea of true and the evidence presented, I find that you have violated the terms of your probation at this time, imposing the sentence originally imposed in this case, which was two years confinement in a state jail facility, assess a $2,000 fine, the court costs and attorney's fees. Now, Mr. Perez, do you have any legal reason that sentence should not be pronounced against you at this time?
DEFENDANT: No sir.
COURT: It's the sentence of the Court, then, that you be confined for two years in a state jail facility, pay a $2,000 fine, pay the court costs and attorney's fees incurred. With that, on this case, I will remand you to the custody of the sheriff for the completion of that sentence. . . . Thank you. We're adjourned on that case.Thereafter, the trial court entered an order to the sheriff indicating that Appellant had received two years confinement in action No. B14364-0203. Also on September 22, the trial court entered its judgment revoking Appellant's community supervision and imposing the punishment originally assessed in August 2003, i.e., two years confinement with a fine of $2,000. At the end of the judgment, the trial court stated "[t]he sentence in this case [Cause No. B14364-023] shall run and be satisfied before the sentence in Cause No. B17679-0806 shall begin." This appeal followed.