Gregory Bean v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 1998
• Docket: 03-98-00006-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-98-00006-CR Gregory Bean, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT

NO. 92-442-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING

In December 1992, appellant Gregory Bean pleaded guilty to possession of cocaine. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, § 481.115, 1989 Tex. Gen. Laws 2230, 2936-37 (Tex. Health & Safety Code Ann. § 481.115(a), (b), since amended). The district court found that the evidence substantiated appellant's guilt and, pursuant to a plea bargain agreement, deferred further proceedings and placed appellant on community supervision for seven years. In October 1997, the court revoked supervision on the State's motion, adjudicated appellant guilty, and assessed punishment at imprisonment for twenty years.

In two points of error, appellant contends his rights to due process and due course of law were violated when the district court imposed sentence without conducting a separate punishment hearing at which appellant could present evidence. See Issa v. State, 826 S.W.2d 159, 161 (Tex. Crim. App. 1992); U.S. Const. amend. XIV; Tex. Const. art. I, §§ 10, 19. This complaint was not preserved for review because appellant neither objected at the revocation hearing nor moved for a new trial on this ground. Gober v. State, 917 S.W.2d 501, 502 (Tex. App.--Austin 1996, no pet.).

The points of error are overruled and the judgment of conviction is affirmed.

Marilyn Aboussie, Justice

Before Chief Justice Yeakel, Justices Aboussie and Jones

Affirmed

Filed: August 31, 1998

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