Kenneth Derek Johnson v. State

11th Court of Appeals

Eastland, Texas

Opinion

Kenneth Derek Johnson

            Appellant

Vs.                  No. 11-04-00198-CR -- Appeal from Taylor County

State of Texas

            Appellee

 

            Kenneth Derek Johnson appeals from the trial court’s judgment revoking his community supervision and imposing a sentence of confinement for 16 months and a $500 fine. We dismiss the appeal.

            Appellant originally entered a plea of guilty to the enhanced offense of theft. The trial court convicted appellant and assessed his punishment at confinement for 2 years in a state jail facility and a $500 fine. Pursuant to the plea bargain agreement, the trial court suspended the imposition of the confinement portion of the sentence and placed appellant on community supervision for 3 years.

            At the hearing on the State’s motion to revoke, appellant entered pleas of true to all seven of the State’s allegations. The trial court found the allegations to be true and revoked appellant’s community supervision. The trial court stated in its certification of right to appeal that appellant had no right to appeal.

            After reviewing the clerk’s record, this court asked appellant to respond showing grounds for continuing the appeal. Appellant has responded by filing a pro se motion to continue his appeal. In his motion, appellant challenges the trial court’s revocation of his community supervision, the validity of his plea bargain agreement at the revocation proceedings, and the length of the sentence imposed. However, he does not show grounds for continuing the appeal. The motion is overruled.

            The appeal is dismissed.

 

October 7, 2004                                                                                  PER CURIAM

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.