Antonio Balderas v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00059-CR

Antonio BALDERAS,

Appellant

v.

The STATE of Texas ,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CR-1739W

Honorable Mark R. Luitjen , Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez , Chief Justice

Catherine Stone , Justice

Sarah B. Duncan , Justice

Delivered and Filed: September 27, 2006

AFFIRMED

Antonio Balderas appeals the trial court's judgment revoking his probation, fining him $1200, and sentencing him to eight years in the Texas Department of Criminal Justice - Institutional Division. Balderas argues the trial court abused its discretion in revoking his probation because he complied with the terms of his probation for just over eighteen months before violating the first condition by committing criminal trespass. As Balderas recognizes, however, his plea of true to the alleged violation supports the trial court's decision to revoke. See Tex. Code Crim. Proc. Ann. art. 42.12, 21 (Vernon Supp. 2006); Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979). Therefore, the trial court did not abuse its discretion in revoking Balderas's probation. Nor did it abuse its discretion in sentencing Balderas to an eight-year prison term since this punishment is within the range permitted for Balderas's offense, burglary of a habitation. See Tex. Pen. Code Ann. 12.33(a) (punishment range for second degree felony is not more than twenty or less than two years), 30.02(c)(2) (burglary of habitation is second degree felony) (Vernon 2003). We therefore affirm the trial court's judgment.

Sarah B. Duncan, Justice

Do not publish