Eduardo G. Rodriguez v. The State of Texas--Appeal from 119th District Court of Tom Green County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-90-285-CR
EDUARDO G. RODRIGUEZ,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL
DISTRICTNO. CR87-0633-B, HONORABLE JOHN E. SUTTON, JUDGE

PER CURIAM

The district court found appellant guilty of aggravated kidnapping. Tex. Penal Code Ann. 20.04 (1989). The court assessed punishment, enhanced by a previous felony conviction, at imprisonment for ninety-seven years.

Appellant entered pleas of guilty to the offense charged and true to the enhancement paragraph pursuant to a plea-bargain agreement. In conformity to the agreement, the court did not enter an adjudication of guilt and placed appellant on probation for ten years. Tex. Code Crim. Proc. Ann. art. 42.12, 5(a) (Supp. 1991). After a hearing on the State's motion to revoke, the court revoked probation and proceeded to final adjudication.

In his first point of error, appellant contends the evidence is insufficient to support the court's finding that he violated the conditions of probation. This point of error presents nothing for review, as the determination to proceed to final adjudication is not appealable. Art. 42.12, 5(b).

Appellant's other point of error is that the punishment is cruel and unusual given the minor nature of the probation violations. Appellant misunderstands the reason for the punishment assessed. His imprisonment is for aggravated kidnapping, the offense for which he was found guilty. The punishment assessed is within the range prescribed for first-degree felonies. Tex. Penal Code Ann. 12.32 (Supp. 1991).

The judgment of conviction is affirmed.

 

[Before Justices Powers, Jones and B. A. Smith; Justice Smith Not Participating]

Affirmed

Filed: December 11, 1991

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