Opinion
No. 05-06-01095-CR
Opinion filed July 12, 2007. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas Trial Court Cause No. F02-71090-QN.
Before Justices MORRIS, WRIGHT, and FITZGERALD.
MEMORANDUM OPINION
This is an appeal from a probation revocation. Appellant Carrish Vincent Wynn initially pleaded guilty to burglary of a habitation and received a ten-year sentence and a $1000 fine. The sentence was probated to five years; the fine was not probated. The State filed a motion, and later an amended motion, seeking to revoke Wynn's probation on eight grounds. Wynn pleaded true to all eight allegations in the amended motion, and he testified at the revocation hearing that his plea was free and voluntary. Ultimately, the trial court granted the State's amended motion and sentenced Wynn to four years' confinement plus the $1000 fine. Wynn appeals. Because all dispositive issues are clearly settled in law, we issue this memorandum opinion. See Tex. R. App. P. 47.4. We affirm the trial court's judgment. In his first issue, Wynn complains the trial court erroneously revoked his probation and sentenced him to four years' confinement. We review a trial court's decision to revoke probation for an abuse of discretion. Cardona v. State, 665 S.W.2d 492, 493-94 (Tex.Crim.App. 1984). A plea of true, standing alone, constitutes sufficient evidence to show appellant violated a condition of probation. See Moses v. State, 590 S.W.2d 469, 470 (Tex.Crim.App. [Panel Op.] 1979). Proof of one violation is sufficient to support revocation. See O'Neal v. State, 623 S.W.2d 660, 661 (Tex.Crim.App. 1981). Wynn pleaded true to all eight. Thus, there was ample evidence to show Wynn violated the terms of his probation. Under this first issue, Wynn also contends some of the probation conditions were unenforceable because of a lack of specificity or clarity in their language. In order to object to the terms of community supervision on appeal, a defendant must have complained in the trial court as to the objectionable conditions. By failing to object to the terms and conditions of probation when they were handed down, Wynn affirmatively waived any complaints he may have had concerning those terms and conditions. See Rickels v. State, 108 S.W.3d 900, 902 (Tex.Crim.App. 2003). Similarly, Wynn waived his complaints concerning the State's delay in bringing its amended motion by failing to object at the revocation hearing. See id. The trial court did not abuse its discretion in revoking Wynn's probation. We decide Wynn's first issue against him. In his second issue, Wynn contends the trial court erroneously revoked his probation despite the State's amending the motion to revoke less than seven days before the revocation hearing. See Tex. Code Crim. Proc. art. 42.12 § 21(a) ("In a felony case, the state may amend the motion to revoke community supervision any time up to seven days before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown . . ."). Wynn failed to object to the untimely amendment of the motion to revoke. Neither Wynn's form motion for new trial (alleging only "the good and sufficient reason that the verdict is contrary to the law and the evidence"), nor the trial court's certification of his right to appeal will substitute for a timely, specific objection and ruling in the trial court. See Tex. R. App. P. 33.1(a). Wynn waived any proposed error in the trial court's granting of the amended motion to revoke. See Burns v. State, 835 S.W.2d 733, 735 (Tex.App.-Corpus Christi 1992, pet. ref'd). We decide Wynn's second issue against him. In Wynn's third and fourth issues, he charges his four-year sentence is cruel and unusual punishment in violation of the United States Constitution and article 1.09 of the Texas Code of Criminal Procedure. Wynn failed to raise this charge in the trial court by way of objection to his sentence or in his motion for new trial. Even constitutional errors may be waived by failure to object at trial. Broxton v. State, 909 S.W.2d 912, 918 (Tex.Crim.App. 1995). Wynn has not preserved this issue for our review. We decide his third and fourth issues against him. In his final issue, Wynn charges the trial court's judgment is inaccurate because it reflects the $1000 fine, which was not orally pronounced at sentencing. Wynn acknowledges — and the record confirms — the fine was part of his original plea bargain. The record also establishes the fine was not probated along with the ten-year sentence. Therefore, the trial court appropriately included the fine in the judgment revoking probation. See Coffey v. State, 979 S.W.2d 326, 329 (Tex.Crim.App. 1998). We decide Wynn's fifth issue against him. We affirm the trial court's judgment.
The grounds cited in the amended motion are:
(b) Do not use or ingest controlled substances without a prescription for said substances (two counts).
(d) Report to the Supervision Officer: WEEKLY, TWICE MONTHLY or MONTHLY, as directed by the Supervision Officer.
(h) Report in person within (5) days of today's date, or upon release, to the District Clerk Felony Collections Dept., 2nd Floor, (Adjacent to Central Jury Room), Frank Crowley Court Building, to arrange payment for Court Costs of $223.00; Fines of $1000.00; and Court appointed Attorney fees of $350.00.
(j) Pay a supervision fee of $60.00 per month to the Community Supervision and Corrections Department on or before the first day of each month hereafter during the term of Community Supervision.
(k) Complete 240 hours of community service at a rate of not less than 20 hurs per month at a court approved project designated by the Community Supervision and Corrections Department. All hours must be completed as scheduled, but no later than December 31, 2005.
(m) Pay the cost of urinalysis at $100.00 for each year of Community Supervision assessed for a total of $500.00, payable at $10.00 monthly to the Community Supervision and Corrections Department.
(n) Within 5 days, report to the Community Supervision and Corrections Department Comprehensive Assessment and Treatment Services program (C.A.T.S.); participate in C.A.T.S. by obeying all program instruction and/or treatment for substance abuse or mental health.
(r) Participate in Family Violence Classes at the direction of your Supervision Officer until successfully discharged.
Wynn mistakenly avers the State sought to revoke on ground (f), which called for Wynn to "[o]btain and maintain employment approved by this Court."