Appellant Raymond McDonald, Jr., appeals his conviction for cruelty to animals. See Tex. Penal Code Ann. � 42.09(a)(3) (West Supp. 2001). After a jury found him guilty, McDonald’s attorney and the prosecuting attorney agreed on a punishment of fifty days of confinement to be served on weekends. In this appeal, McDonald alleges that the evidence presented at trial was insufficient to establish two elements of the offense and insufficient to support the punishment, that he was denied a punishment hearing and a chance to present mitigating evidence before sentencing, that the trial court erred in not admonishing McDonald as to the range of punishment, and that he personally did not agree to the sentence. We conclude that the evidence was factually sufficient to support the verdict and that McDonald voluntarily agreed to the sentence; therefore, the sufficiency of the evidence for the punishment is irrelevant. We also determine that after entering into a punishment agreement, McDonald was not entitled to present evidence or have a punishment hearing and that the court’s failure to admonish was not error.
FACTUAL BACKGROUND
On July 24, 1999, McDonald stopped his van on the side of the road in front of the Holly Street power plant near an entrance to the Town Lake Hike and Bike Trail. McDonald opened the back doors of the van, pulled out a black bag, and dropped it on the ground next to the van. A puppy came out of the bag and ran toward the trail. Two security guards from the power plant witnessed these events. One guard approached McDonald and told him to take the dog with him. McDonald refused, saying “[t]hat dog ain’t even mine.” McDonald presented evidence at trial showing that his son’s friend had found the stray dog and placed it in the van without McDonald’s knowledge. McDonald and his wife were on their way to the grocery store when his wife first heard a noise coming from the back of the van. McDonald stopped the van by the trail to investigate. He opened the rear doors and saw a black bag that was moving. McDonald testified that he became scared, grabbed the bag, and dropped it on the ground, which is when the puppy jumped out.
