In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-11-00180-CR
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CULLEN ASHTON TODD, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 10-05-04679-CR
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MEMORANDUM OPINION ON REHEARING
In one of his issues on motion for rehearing, Cullen Ashton Todd contends
his guilty plea was involuntary because the trial court stated the improper
punishment range in the oral admonishment during the plea hearing. He did not
present this argument to this Court in his brief on appeal. Moreover, he did not
present this claim to the trial court in his application for writ of habeas corpus.
Todd’s stated ground for habeas relief was ineffective assistance of counsel due to
trial counsel’s failure to adequately investigate the value of the property before
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Todd accepted the plea bargain for a guilty plea to a state jail felony. Accordingly,
Todd failed to preserve the oral admonishment issue through his habeas
application. See Tex. R. App. P. 33.1.
Todd failed to challenge the validity of his guilty plea in a direct appeal
when the trial court deferred adjudication of guilt. See Dillehey v. State, 815
S.W.2d 623, 626 (Tex. Crim. App. 1991). Todd did eventually dispute the
accuracy of the oral admonishment in a motion to withdraw his guilty plea, but he
filed the motion during revocation proceedings that occurred after the trial court
considered and ruled on Todd’s habeas petition. He cannot challenge the validity
of his plea in the appeal of the adjudication following revocation of community
supervision. See Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999).
We overrule appellant’s motion for rehearing.
MOTION FOR REHEARING OVERRULED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered May 15, 2013
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
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