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Opinion filed October 16, 2008
In The
Eleventh Court of Appeals
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No. 11-08-00153-CR
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PEGGY CARDONA GONZALEZ, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 385th District Court
Midland County, Texas
Trial Court Cause No. CR31792
M E M O R A N D U M O P I N I O N
This is an appeal from a judgment revoking community supervision. Peggy Cardona Gonzalez was indicted for the offense of theft. The trial court convicted her and assessed her punishment at confinement for two years in a state jail facility. Pursuant to the plea bargain agreement, the trial court suspended the imposition of the sentence and placed appellant on community supervision for five years. After a hearing on the State=s amended motion to revoke, the trial court found that appellant had violated the terms and conditions of her community supervision, revoked her community supervision, and imposed the original sentence of confinement for two years in a state jail facility. We affirm.
In her sole issue on appeal, appellant contends that her punishment is disproportionate to the offense and, therefore, is cruel and unusual. We disagree.
The trial court assessed punishment within the range authorized by the legislature under Tex. Penal Code Ann. '' 12.35(a), 31.03(e)(4)(D) (Vernon Supp. 2008). A sentence assessed within the range of punishment established by the legislature will not be disturbed on appeal. Jackson v. State, 680 S.W.2d 809 (Tex. Crim. App. 1984); Bradfield v. State, 42 S.W.3d 350, 354 (Tex. App.CEastland 2001, pet. ref=d). Moreover, we note that the punishment assessed was the punishment appellant agreed to in her plea bargain agreement. The issue is overruled.
The judgment of the trial court is affirmed.
JIM R. WRIGHT
CHIEF JUSTICE
October 16, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.