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Duncan v. State

Appellant entered a plea of guilty, without a recommended punishment, to possessing cocaine weighing more than 4 grams but less than 200 grams. None of appellant's issues regarding his original plea fall within the exceptions to the general rule. Therefore, they may not be raised on appeal from the trial judge's determination at the revocation hearing. The trial court did not abuse its discretion in revoking appellant's community supervision and adjudicating him guilty. Houston's 1st Court of Appeals, No. 01-08-00875-CR, 04-22-2010

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OPINION

On April 29, 2008, appellant, Melvin Laron Duncan, entered a plea of guilty, without a recommended punishment, to possessing cocaine weighing more than 4 grams but less than 200 grams.*fn1 The trial court assessed punishment at seven years’ deferred adjudication community supervision. On July 10, 2008, appellant was arrested for possession of cocaine, and, eight days later, the State moved to adjudicate guilt on his April 29 plea. After a hearing, the trial court adjudicated appellant guilty of his original charge and assessed punishment at 30 years’ imprisonment. Appellant appealed the adjudication of his guilt. His appointed counsel filed an Anders brief, and appellant filed a pro se response.

We affirm.

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