Opinion
No. 05-02-01511-CR.
Opinion Filed April 28, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.
Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F99-15012-Q. Affirmed.
Before Justices JAMES, FRANCIS, and LANG.
OPINION
Tahare Montrale Ray appeals following the revocation of his probation. Appellant waived a jury trial and entered a negotiated guilty plea to violation of a protective order. See Tex. Pen. Code Ann. § 25.07 (Vernon 2003). Pursuant to the plea bargain agreement, the trial court sentenced appellant to four years in prison, probated for four years, and assessed a $500 fine. Subsequently, the trial court granted the State's motion to revoke probation, revoked appellant's probation, and sentenced him to three years in prison. In a single point of error, appellant contends the trial court's judgment revoking community supervision should be modified to delete a fine that was not orally pronounced when the trial court revoked his probation. An unprobated fine orally imposed at the original plea hearing may be included in the judgment revoking regular probation even though the fine was not repronounced at the revocation hearing. See Coffey v. State, 979 S.W.2d 326, 329 (Tex.Crim.App. 1998). Here, the trial court's judgment placing appellant on probation specifically stated the fine was not probated. Thus, appellant is not entitled to have the fine deleted from the judgment revoking probation. See id. We overrule appellant's sole point of error. We affirm the trial court's judgment.