Opinion
No. 05-05-00082-CR
Opinion Filed November 18, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 282nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-40672-HS. Affirm.
Before Justices MOSELEY, RICHTER, and LANG-MIERS.
OPINION
Sam Taylor waived a jury trial, entered a non-negotiated guilty plea to intoxication assault, and pleaded true to one enhancement paragraph. See Tex. Pen. Code Ann. § 49.07 (Vernon 2003). The trial court found the enhancement paragraph true and assessed punishment at fifteen years' imprisonment and a $500 fine. The trial court also made an affirmative finding that appellant used or exhibited a deadly weapon, a motor vehicle, during commission of the offense. In a single issue, appellant contends the trial court failed to pronounce sentence in his presence. We affirm. Appellant asserts the trial judge did not pronounce sentence in appellant's presence because the judge did not order the fifteen-year sentence carried into execution. The State responds that appellant failed to preserve this issue for review and, in the alternative, the trial court's pronouncements were proper. In assessing punishment, the judge asked appellant if he had anything else to say. After appellant asked the judge to send him to rehabilitation, the judge said, "All right. I'm going to sentence you to 15 years in the penitentiary and assess a fine in the amount of five hundred dollars." The judgment shows the sentence started the same day it was pronounced. Appellant did not complain about the manner in which the trial court pronounced sentence either at the time the sentence was imposed or in his motion for new trial. See Tex.R.App.P. 33.1(a)(1). Moreover, no set formula is required for the judge to pronounce sentence. We conclude the trial court complied with article 42.03, section 1. See Tex. Code Crim. Proc. Ann. art. 42.03 § 1(a) (Vernon Supp. 2004-05). We resolve appellant's sole issue against him. We affirm the trial court's judgment.