In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-02-333 CR
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ORDEZZIA E. COLLINS, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 76318
On April 16, 1998, Ordezzia E. Collins was indicted for the offense of burglary of a habitation. On February 1, 1999, pursuant to a plea bargain agreement, and after receiving oral and written admonitions regarding his rights, Collins pled guilty to the charged offense. On March 8, 1999, the trial court deferred adjudication of guilt and placed Collins under community supervision with specified written conditions for a period of five (5) years, and imposed a fine of $1,000. On May 9, 2002, the State moved to adjudicate Collins's guilt, alleging Collins violated specified conditions of his community supervision: violation of the laws of the State of Texas, i.e., the commission of aggravated robbery (Condition No. 1); failure to report to his probation officer as directed (Condition No. 4); failure to perform required community service (Condition No. 14); and, failure to pay fines and fees (Condition No. 25). At a hearing held June 28, 2002, Collins pled "not true" to the alleged violation of Condition No. 1, and "true" to the alleged violations of Condition Nos. 4, 14 and 25. After a hearing, the trial court found that Collins was in violation of all conditions as alleged in the motion, ordered Collins's community supervision revoked, found him guilty of the offense of burglary of a habitation, and sentenced him to a term of twenty (20) years in T.D.C.J. - I.D. A general notice of appeal was filed on July 18, 2002.
Appointed appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which concludes that there is no reversible or arguable error, moves for withdrawal, and notifies Collins of his determination, advising Collins of his right to file a pro se response. (2) The Court granted Collins additional time to file a pro se response, but none has been filed.
Based upon a review of the record and relevant legal authorities, we find that there are no arguable issues on appeal. First, the trial court's determination to adjudicate guilt is not reviewable on appeal. Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992). Second, Collins may not in this appeal claim error in the original plea proceedings. Manuel v. State, 994 S.W.2d 658, 662 (Tex. Crim. App. 1999). Third, Collins's plea of true to any one of the alleged violations of conditions imposed would authorize the trial court to revoke his community supervision. Moore v. State, 11 S.W.3d 495, 498 (Tex. App.- Houston [14th Dist.] 2000, no pet.). Fourth, although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which Collins was punished, no error relating to punishment was preserved on appeal. Vidaurri v. State, 49 S.W.3d 880, 883, 885 (Tex. Crim. App. 2001). Burglary of a habitation is a second degree felony, Tex. Pen. Code Ann. § 30.02 (c) (2) (Vernon 2003), with a punishment range of not more than 20 years or less than 2 years. Tex. Pen. Code Ann. § 12.33 (a) (Vernon 2003). The punishment imposed (20 years) falls within the range provided by the applicable statute.
The judgment is AFFIRMED.
PER CURIAM
Submitted on August 7, 2003
Opinion Delivered August 13, 2003
Do Not Publish
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.
2. The brief filed does not meet the requirements of
However, because of the limited record in this case, the Court is able to examine the record without the aid of Appellant's Anders brief to determine whether there are, indeed, any arguable issues on appeal. We will therefore not return the brief for compliance with the technical requirements of Anders. See Wilson v. State, 40 S.W.3d 192, 199 (Tex. App.- Texarkana 2001, no pet.).