Terrance O.J. Ledet v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-02-306 CR
____________________
TERRANCE O.J. LEDET, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 82035
MEMORANDUM OPINION (1)

Terrance O.J. Ledet pleaded guilty to the second degree felony offense of burglary of a habitation. Tex. Pen. Code Ann. 30.02(a)(3) (Vernon 2003). Following a plea bargain agreement between Ledet and the State, the trial court deferred adjudication of guilt, then placed Ledet on community supervision for six years and fined him $800. Less than two years later, Ledet pleaded true to two of eight allegations that he violated the terms of the community supervision order. The trial court found all of the allegations to be true, convicted Ledet and assessed punishment at twelve (12) years of confinement in the Texas Department of Criminal Justice, Institutional Division.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 1, 2003, we granted Ledet an extension of time in which to file a pro se brief. Ledet filed a response that states no points of error and cites no authority, but discusses two issues: 1) the trial court's failure to summon witnesses from the treatment center from which he had been unsuccessfully discharged; and 2) the State's failure to prove the date of his arrest on the subsequent offense that triggered the revocation proceedings in this case.

The trial court placed Ledet on community supervision in accordance with the terms of a plea bargain agreement. Therefore, Ledet's general notice of appeal failed to invoke our appellate jurisdiction over any issues relating to his conviction. Vidaurri v. State, 49 S.W.3d 880, 884-85 (Tex. Crim. App. 2001). However, the notice effectively invoked our jurisdiction to review the process by which he was sentenced. Id. Furthermore, this appeal follows the revocation of deferred adjudication community supervision. Therefore, Ledet cannot appeal the trial court's decision to adjudicate guilt. Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). Appellate review is not available to the extent that either issue raised by the appellant relates to the trial court's decision to proceed with an adjudication of guilt. Id. We shall address the appellant's complaints to the extent they bear the potential for appellate review.

When provided an opportunity to present evidence in punishment, Ledet did not complain of the absence of any witness relevant to punishment. The issue was not preserved for appellate review. Tex. R. App. P. 33.1. Ledet's complaint regarding "date of arrest" cannot be appealed. See Connolly, 983 S.W.2d at 741. At any rate, Ledet pleaded "true" to having committed an offense while on supervision and the trial court conducted the sentencing hearing long before the community supervision period would have expired.

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed.

AFFIRMED.

 

PER CURIAM

 

Submitted on June 25, 2003

Opinion Delivered July 16, 2003

Do Not Publish

 

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.