Opinion
No. 05-09-00514-CR
Opinion issued March 31, 2010. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 194th Judicial District Court Dallas County, Texas, Trial Court Cause No. F07-41400-M.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
Christopher Aaron Sipriano appeals following his adjudication for burglary of a building. In a single point of error, appellant contends the trial court erred by failing to admonish him about the deportation consequences of his guilty plea. We affirm. The background of this case and the evidence admitted at trial are well known to the parties, and therefore we 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 burglary of a building. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on three years community supervision, and assessed a $500 fine. The State later moved to adjudicate guilt, 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, adjudicated appellant guilty, and assessed punishment at fifteen months confinement in a state jail facility. Appellant contends the trial court violated article 26.13 by failing to admonish him about the deportation consequences of his guilty plea. Appellant asserts the record is silent regarding his citizenship, and it supports an inference that he did not know the consequences of his plea. To the extent appellant complains about the original plea hearing, his complaint comes too late. Appellant did not complain about the admonishments when he was placed on deferred community supervision, and may not do so now. See Manuel v. State, 994 S.W.2d 658, 661 (Tex. Crim. App. 1999). Moreover, appellant cannot complain about admonishments after the adjudication of guilt because the article 26.13 admonishments do not apply in a motion to adjudicate proceeding. 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.