Jeffrie McFarlin A/K/A Jeffery (Jeffrey) Willard Bridges v. State ( 2004 )

MEMORANDUM OPINION No. 04-03-00703-CR Jeffrey Willard MCFARLIN, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-0148-W Honorable Juanita Vasquez-Gardner, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: June 23, 2004

AFFIRMED

On February 26, 2001, Jeffrey Willard McFarlin was found guilty of delivering cocaine and was sentenced to eight years of community supervision. On May 14, 2003, McFarlin pled true to two violations of the conditions of his community supervision. On August 22, 2003, the trial court revoked his community supervision and sentenced him to eight years imprisonment. McFarlin brings one issue on appeal. We affirm.

Discussion

McFarlin contends that by not hearing evidence or argument after revoking his community supervision, the trial court violated his due process rights under the Fourteenth Amendment. According to McFarlin, because he was unable to present mitigating evidence, he was deprived of the opportunity to convince the trial court to impose a lighter sentence.

At the August 22, 2003 hearing, the following exchange occurred:

COURT: At that time you were assessed an eight year sentence. The State has - and the eight- year sentence was suspended and probated for a period of eight years. The State has filed a motion to revoke community supervision complaining that on or about the 4^th day of April 2002, in Bexar County, Texas, you committed the offense of - hold on. My docket sheet indicates back on May 14^th of 2003 that you already pled true to both allegations. Is that correct, Mr. McFarlin?

MCFARLIN: Yes, ma'am.

COURT: And you're aware that telling me these allegations are true is enough for me to send you to prison for eight years?

MCFARLIN: Yes, ma'am.

COURT: Okay. I don't need to hear any argument. That's what I'm going to do. I'm going to find that the violations are true, find that there's sufficient evidence to support the State's motion, grant the motion and assess your term of confinement in the Texas Department of Criminal Justice, Institutional Division for a period of eight years. You'll be given credit on that case for all the time that you've been in jail on that case as well. Good luck, Mr. McFarlin.

At no time did McFarlin object to the trial court's failure to hear evidence or argument after revoking his community supervision. As such, the State contends that McFarlin has waived this issue on appeal. We agree. In a community supervision revocation hearing, where the defendant complains on appeal of his inability to offer evidence, a trial objection, bill of exception, or motion for new trial must have been made in order to preserve error for appeal. Cochran v. State, 78 S.W.3d 20, 26 (Tex. App.--Tyler 2002, no pet.); Baxter v. State, 936 S.W.2d 469, 472 (Tex. App.--Fort Worth 1996), pet. dism'd improvidently granted, 960 S.W.2d 82 (Tex. Crim. App. 1998). McFarlin failed to do any of these. We, therefore, overrule his sole issue.

Conclusion

Having overruled McFarlin's sole issue, we affirm the judgment of the trial court.

Karen Angelini, Justice

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