Affirmed and Memorandum Opinion filed March 3, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-08-00612-CR
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JAMES WESLEY HART, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 3rd District Court
Anderson County, Texas
Trial Court Cause No. 27,063
M E M O R A N D U M O P I N I O N
Appellant James Wesley Hart appeals his conviction for injury of a child, claiming the trial court did not admonish him of the consequences of his plea of Atrue@ to the State=s motion to revoke probation. We affirm.
I. Factual and Procedural Background
Appellant pleaded Aguilty@ to the offense of injury to a child and, pursuant to a plea-bargain agreement with the State, was assessed punishment of ten years= probation. On February 20, 2008, the State filed a motion to revoke appellant=s probation on the grounds that he violated the condition of probation that required him to abstain from the use of alcoholic beverages, narcotic drugs, and other controlled substances. The State alleged that appellant admitted to his community supervision officer that he had used cocaine on three different occasions. The State further alleged that appellant failed to pay supervision and drug-test fees, and failed to complete ordered community service restitution. On March 13, 2008, the State amended its motion to revoke probation to include a charge of a new offense, i.e., assault causing bodily injury.
On March 26, 2008, the trial court held a hearing on the State=s motion. The trial court admonished appellant that if he pleaded Atrue@ to the allegations in the State=s motion that the State would not be required to provide proof of the allegations. Appellant stated he understood the allegations against him, he admitted his guilt for the underlying offense, and pleaded Atrue@ to the allegations that he (1) used crack cocaine, (2) failed to perform community service, (3) failed to pay a supervision fee and fine, (4) failed to report to the community supervision office, and (5) failed to attend recovery meetings. Appellant testified that he entered those pleas of Atrue@ because the allegations were true and for no other reason. Appellant did not plead Atrue@ to the charge of a new offense. With the exception of the new offense, the court found the allegations in the State=s motion to be true and assessed punishment at ten years= confinement in the Institutional Division of the Texas Department of Criminal Justice.
II. Standard of Review
We review a trial court=s order revoking probation under an abuse-of-discretion standard. See Rickels v. State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006); Moore v. State, 11 S.W.3d 495, 498 (Tex. App.CHouston [14th Dist.] 2000, no pet.). Proof of any one of the alleged violations is sufficient to support a revocation of probation. Moore v. State, 11 S.W.3d 495, 498 (Tex. App.CHouston [14th Dist.] 2000, no pet.).
III. Analysis
In a single issue, appellant contends that his pleas of Atrue@ were not voluntary because he was not advised of the consequences of his plea, specifically, the range of punishment. Appellant argues that the trial court failed to comply with article 26.13 of the Texas Code of Criminal Procedure. The portions of the Code of Criminal Procedure that govern probation do not refer to article 26.13. See Tex. Code Crim. Proc. Ann. art. 42.12. A trial court is required to admonish a defendant of the range of punishment attached to an offense before the defendant enters a plea of guilty or nolo contendere. Tex. Code Crim. Proc. Ann. art. 26.13. However, the requirements of article 26.13 do not apply in a revocation-of-probation proceeding. Gutierrez v. State, 103 S.W.3d 304, 309B10 (Tex. Crim. App. 2003); Patrick v. State, 12-07-00137-CR, 2008 WL 836586 *1 (Tex. App.CTyler 2008, pet. ref=d) (memo. op.) (trial court is not required to admonish defendant as to range of punishment in revocation proceeding). We overrule appellant=s sole issue.
The judgment of the trial court is affirmed.
/s/ Kem Thompson Frost
Justice
Panel consists of Justices Frost, Brown, and Boyce.
Do Not Publish C Tex. R. App. P. 47.2(b).