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Rodriguez v. State

As long as the punishment imposed is within the limits prescribed by a valid statute, the punishment is not excessive, cruel or unusual.

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Chief Justice Cornelius

OPINION

Jose Antonio Rodriguez appeals a trial court judgment adjudicating him guilty of deadly conduct, Tex. Pen. Code Ann. � 22.05 (Vernon 1994), and setting his punishment at ten years’ imprisonment. Rodriguez was originally indicted for aggravated assault and deadly conduct by the discharge of a firearm. Pursuant to a plea bargaining agreement in which the State dismissed the aggravated assault charge, Rodriguez entered a plea of guilty to the deadly conduct charge. The trial court deferred adjudication and placed Rodriguez on community supervision for a term of five years. On February 3, 2000, the State filed an application alleging that Rodriguez violated conditions of his community supervision. The trial court imposed an additional condition of community supervision. Later, on May 22, 2001, the State filed an amended application for adjudication of guilt, alleging that Rodriguez violated the terms of his community supervision by violating the laws in the following respects: 1) on May 19, 2001, intentionally and knowingly causing the penetration of the female sexual organ of A. Rodriguez by his sexual organ without her consent; 2) on May 19, 2001, intentionally causing bodily injury to A. Rodriguez by striking her with his hand; and 3) on February (sic) 19, 2001, intentionally causing bodily injury to A. Rodriguez by striking her with his hand. The “A. Rodriguez” referred to therein is Alta Marie Rodriguez, who is married to Jose Antonio Rodriguez.

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