No. 14-07-00504-CR
Opinion filed February 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 248th District Court, Harris County, Texas, Trial Court Cause No. 1076835.
Panel consists of Justices ANDERSON and FROST and Senior Justice HUDSON.
Senior Justice J. Harvey Hudson sitting by assignment.
KEM THOMPSON FROST, Justice.
Appellant Franklin Duane Walston appeals his conviction of failure to comply with a civil commitment, claiming that the prior charge warranting his civil commitment, with which he did not comply, could not also be used as an enhancement for punishment. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Appellant was charged by indictment with the felony offense of violation of a civil commitment requirement. The indictment contained two enhancement paragraphs, in which the State set forth appellant's 1990 conviction for aggravated sexual assault of a child and a 2001 conviction for violation of a civil commitment requirement. Appellant pleaded "guilty" to the charged offense and "true" to the two enhancement paragraphs. After a presentence investigation, the trial court found appellant guilty as charged and found the enhancement paragraphs true. The trial court assessed a life sentence. In a single issue, appellant challenges the sentence imposed, claiming that the law does not authorize use of the 1990 conviction for enhancement purposes because that conviction served as the basis for requiring his civil commitment. II. FAILURE TO PRESERVE ERROR
To preserve a complaint for appellate review, a party must make a timely request, objection, or motion with sufficient specificity to apprise the trial court of the complaint. TEX. R. APP. P. 33.1(a). Appellant has not cited and we have not found any place in the appellate record showing that appellant raised this issue with the trial court. To the contrary, appellant pleaded "true" to both enhancement paragraphs when he pleaded "guilty" to the charged offense. Moreover, the record contains no evidence that appellant's 1990 conviction served as the basis for requiring civil commitment. Appellant did not present this challenge to the trial court and the record contains no factual support for it. Therefore, no error is preserved for appellate review. See id.; see also In re Commitment of Larkin, 161 S.W.3d 778, 783 (Tex.App.-Beaumont 2005, no pet.). Accordingly, we overrule appellant's sole issue on appeal and affirm the trial court's judgment.