TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 0924708, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING
Citing article 26.13(a)(4), appellant contends his plea of true to the allegations in the motion to revoke was not knowingly made because he was not admonished by the court that the plea might result in his deportation. See Tex. Code Crim. Proc. Ann. art. 26.13(a)(4) (West Supp. 2000). Article 26.13 does not apply to probation revocation proceedings. See Harris v. State, 505 S.W.2d 576, 578 (Tex. Crim. App. 1974); Lindsey v. State, 902 S.W.2d 9, 12 (Tex. App.--Corpus Christi 1995, no pet.). Point of error one is overruled.
Appellant further contends that he did not receive effective assistance of counsel because his lawyer at the revocation proceeding did not advise him about the possibility of deportation. Appellant states that he would not have pleaded true had he known that deportation was possible. See Ex parte Morrow, 952 S.W.2d 530, 536 (Tex. Crim. App. 1997). This contention fails because there is no evidence that appellant was not given the advice he claims he needed. A silent record cannot overcome the presumption that counsel's conduct fell within the wide range of reasonable professional assistance. See Jackson v. State, 877 S.W.2d 768, 771 (Tex. Crim. App. 1994), and at 772 (Baird, J., concurring). Point of error two is overruled.
Although we overrule the points of error for the reasons stated above, we also note that appellant was admonished in writing about the possibility of deportation when he originally pleaded guilty. See Tex. Code Crim. Proc. Ann. art. 26.13(d) (West 1989). Appellant told the court at that time that he was a United States citizen. Nevertheless, deportation proceedings were subsequently initiated by the United States government. We are not advised of the present status of those proceedings, and appellant does not explain the effect, if any, the revocation of his supervision might have on them.
The order revoking community supervision is affirmed.
Jan P. Patterson, Justice
Before Justices Jones, Yeakel and Patterson
Affirmed
Filed: April 27, 2000
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