TIMOTHY MATTHEW EDELEN v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Chief Justice Wright

Timothy Matthew Edelen appeals from the revocation of his community supervision.   In a single point of error, appellant contends the trial court erred when it failed to properly admonish him.   We affirm.   The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts.   We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled.

Appellant waived a jury and pleaded guilty to the offense of possession with intent to deliver cocaine in an amount of four grams or more but less than 200 grams.   See Tex. Health & Safety Code Ann. § 481.112(a), (d) (West Supp.2010).   Pursuant to a plea agreement, the trial court assessed punishment at five years' imprisonment, probated for five years, and a $1,500 fine.   The State later moved to revoke appellant's community supervision, alleging appellant violated several conditions of his community supervision.   Appellant pleaded true to all of the allegations in a hearing on the motion.   The trial court found the allegations true, revoked appellant's community supervision, and assessed punishment at five years' imprisonment and a $1,500 fine.

Appellant contends the trial court failed to properly admonish him before accepting his guilty plea.   Specifically, appellant argues the trial court violated article 26.13 by failing to orally admonish him on the range of punishment, failing to determine his citizenship, and failing to advise him that the court was not obligated to accept the State's recommendation.

Appellant's complaint about his original guilty plea hearing is untimely.   Appellant did not complain about the admonishments when he was placed on community supervision, and he may not do so now.   See Manuel v. State, 994 S.W.2d 658, 661 (Tex.Crim.App.1999).   Moreover, the article 26.13 admonishments do not apply in a motion to revoke community supervision.   See Harris v. State, 505 S.W.2d 576, 578 (Tex.Crim.App.1974) (article 26.13 admonishments requiring certain admonitions be given prior to acceptance of guilty pleas are inapplicable in revocation of probation proceedings).   We overrule appellant's sole point of error.

We affirm the trial court's judgment.

CAROLYN WRIGHT CHIEF JUSTICE