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MEMORANDUM OPINION
No. 04-08-00047-CR
Joseph D. ALMENDAREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CR-5644
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 9, 2008
AFFIRMED
The trial court adjudicated Joseph D. Almendarez guilty of aggravated assault after finding
he violated the terms of his deferred adjudication community supervision. Almendarez appeals,
arguing the trial court abused its discretion in revoking his community supervision and sentencing
him to twelve years confinement. We affirm the trial court’s judgment.
04-08-00047-CR
BACKGROUND
Almendarez was charged by indictment with the offense of aggravated assault. See TEX.
PENAL CODE ANN. § 22.02(a)(2) (Vernon Supp. 2007). In August 2006, he waived a jury and pled
guilty to the court. As part of a plea agreement, the State recommended Almendarez be placed on
deferred adjudication community supervision. The trial court accepted the plea of guilty and,
pursuant to the terms of the plea agreement, placed Almendarez on deferred adjudication community
supervision for a period of eight years.
In September 2007, the State filed a motion to adjudicate and revoke Almendarez’s deferred
adjudication community supervision, alleging in part that Almendarez had violated the conditions
of his community supervision by committing an assault. At the hearing on the State’s motion,
Almendarez pled true to the allegation. The trial court found Almendarez violated a term of his
deferred adjudication community supervision, granted the State’s motion, adjudicated Almendarez
guilty of aggravated assault, and sentenced him to twelve years confinement and a $1,200.00 fine.
Almendarez filed a “Motion for Reconsideration and/or Reduction of Sentence,” which the
trial court denied. Almendarez filed a timely notice of appeal.1
ANALYSIS
Almendarez contends the trial court abused its discretion in revoking his deferred
adjudication community supervision and sentencing him to twelve years confinement. He argues
that despite his plea of true to the alleged violation, the court’s decision to revoke his community
1
Effective June 15, 2007, the Texas Legislature amended article 42.12, section 5(b) of the Code of Criminal
Procedure to omit the provision that no appeal may be taken from a trial court’s adjudication of guilt and to provide that
an appellate court can review a trial court’s revocation of deferred adjudication in the same manner as a revocation
hearing in which the trial court had not deferred an adjudication of guilt. See Act of May 28, 2007, 80th Leg., R.S., ch.
1308, § 5, 2007 Tex. Gen. Laws 4395, 4397 (codified at TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (Vernon Supp.
2007)). Because the trial court adjudicated Almendarez’s guilt in December 2007, we will review his appellate issue
as if it were a revocation from regular probation. See TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (Vernon Supp.
2007).
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04-08-00047-CR
supervision was an abuse of discretion because the assault was “anomalous” and he committed no
other violations during the preceding months of his community supervision. Almendarez further
asserts the revocation and sentence was an abuse of discretion because during his community
supervision: “he made significant strides. He backslid in one isolated incident.”
Appellate review of revocation of deferred adjudication community supervision is limited
to a determination of whether the trial court abused its discretion. See Jackson v. State, 645 S.W.2d
303, 305 (Tex. Crim. App. 1983) (stating standard for reviewing revocation of probation when
adjudication not deferred); Hays v. State, 933 S.W.2d 659, 660 (Tex. App.–San Antonio 1996, no
pet.) (same). A plea of true to even one allegation is sufficient to support a revocation of deferred
adjudication community supervision. See Watts v. State, 645 S.W.2d 461, 463 (Tex. Crim. App.
1983) (holding plea of true to one allegation is sufficient to support revocation of non-deferred
probation); Lewis v. State, 195 S.W.3d 205, 209 (Tex. App.–San Antonio 2006, pet. denied) (same).
Because Almendarez’s plea of true was sufficient to support the revocation, we hold the trial
court did not abuse its discretion in revoking his deferred adjudication community supervision and
imposing a sentence of twelve years, which was within the range of punishment for aggravated
assault. See TEX. PENAL CODE ANN. § 12.33(a) (Vernon 2003) (stating punishment for second
degree felony is confinement for not less than two years and not more than twenty years); § 22.01(b)
(Vernon Supp. 2007) (stating aggravated assault is second degree felony). Accordingly, we affirm
the trial court’s judgment.
Steven C. Hilbig, Justice
Do Not Publish
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