Carmen Estelle Moreau v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-330 CR ____________________

CARMEN ESTELLE MOREAU, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 81272

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MEMORANDUM OPINION ⁽¹⁾    

On November 13, 2000, Carmen Estelle Moreau pled guilty, pursuant to a plea bargain agreement, to the charge of burglary of a habitation, adjudication of guilt was deferred and Moreau was placed under community supervision for five (5) years, and fined $1,000.00. On November 26, 2001, Moreau pled "true" to an allegation that she violated one of the terms of her community supervision. After hearing the plea, the trial court set the case for sentencing. At the sentencing hearing, the trial court continued Moreau's probationary status and reset the case. After a hearing held June 3, 2002, the trial court revoked Moreau's community supervision, found her guilty of the offense of burglary of a habitation, and sentenced her to eight (8) years' imprisonment. Moreau filed a pro se notice of appeal, and appellate counsel was appointed to represent her.

Appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and moved to withdraw. In brief, counsel concludes that after diligently reviewing the record, he found no reversible error and no arguable grounds for error. The brief demonstrates that counsel notified Moreau of his opinion that the appeal is without merit, and that she has the right to view the record and file a pro se brief raising any ground of error she considered appropriate. Moreau was granted additional time to file a pro se response, but none was filed.

Based on a review of the record and relevant legal authorities, we find there are no arguable issues on appeal. First, the trial court's determination to adjudicate is not reviewable on appeal. Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992). Second, Moreau may not raise in this appeal any alleged error in the original plea proceedings. Manuel v. State, 994 S.W.2d 658, 662 (Tex. Crim. App. 1999). Third, Moreau's plea of "true" to the alleged violation of one of the terms of her community supervision authorized the trial court to revoke. Moore v. State, 11 S.W.3d 495, 498 (Tex. App.- Houston [14th Dist.] 2000, no pet.). Fourth, although a general notice of appeal invokes the Court's jurisdiction to consider issues relating to the process by which Moreau was punished, no error relating to punishment was preserved on appeal. Vidaurri v. State, 49 S.W.3d 880, 883, 885 (Tex. Crim. App. 2001). Burglary of a habitation is a second degree felony, Tex. Pen. Code Ann. § 30.02(c)(2) (Vernon 2003), with a punishment range of not more than 20 or less than 2 years. Tex. Pen. Code Ann. § 12.33(a) (Vernon 2003). The punishment imposed (8 years) falls within the range provided by the applicable statute.

The judgment is AFFIRMED.

PER CURIAM

Submitted on August 7, 2003

Opinion Delivered August 13, 2003

Do Not Publish

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

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