B. Donald Fielding v. State Texas

B. Donald Fielding appeals from two convictions for possession of a controlled substance with intent to deliver. Appellant contends that revocation of his unadjudicated "probation" violated due process of law and double jeopardy principles, that the change in status from deferred adjudication to 60 years imprisonment violates the constitutional prohibition against cruel and unusual punishment, that the trial court erred in refusing to hold a hearing on appellants motion for new trial, and that the sentencing process and sentence imposed violated due process. These contentions are without merit. We affirm the trial courts judgment.