DocketNumber： 04-98-00470-CR
Filed Date： 4/21/1999
Status： Precedential
Modified Date： 9/6/2015
Per Curiam
Sitting: Catherine Stone, Justice
Paul W. Green, Justice
Karen Angelini, Justice
Delivered and Filed: April 21, 1999
AFFIRMED
Cathy Ortner pled no contest to intoxication manslaughter and failure to stop and render aid. Pursuant to a plea bargain, the trial court sentenced her to concurrent seven- and five-year terms of confinement. On appeal, Ortner contends the trial court erred by denying her pro-se motion for a new trial. More specifically, she argues her plea was involuntary because her lawyer guaranteed she would receive community supervision. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion. See Tex. R. App. P. 47.1.
Ortner's argument fails for several reasons. First, because Ortner's trial counsel filed a motion for new trial on her behalf, the trial court was not required to consider Ortner's pro se motion. See Ashcraft v. State, 900 S.W.2d 817, 831 (Tex. App.--Corpus Christi 1995, pet. ref'd & pet. dism'd). Additionally, Ortner was properly admonished, and the record does not otherwise support her claim that counsel promised her community supervision. See Thomas v. State, 932 S.W.2d 128, 129 (Tex. App.--San Antonio 1996, no pet.); Crawford v. State, 890 S.W.2d 941, 945 (Tex. App.--San Antonio 1994, no pet.). Thus, the trial court did not abuse its discretion in overruling Ortner's pro se motion for new trial. We overrule Ortner's point of error and affirm the trial court's judgment.
PER CURIAM
DO NOT PUBLISH