AFFIRM; and Opinion Filed December 16, 2013.

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00508-CR

No. 05-13-00509-CR

No. 05-13-00510-CR

MICHELLE RENAE ANDERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F11-53993-Q, F11-63173-Q, F13-51244-Q

MEMORANDUM OPINION

Before Justices Francis, Lang-Miers, and Lewis

Opinion by Justice Lang-Miers

Michelle Renae Anderson appeals from her convictions for felony prostitution. In four 

issues, appellant contends the ten-year sentences violate the United States and Texas 

Constitutions, and the judgments placing her on community supervision should be modified. We 

affirm the trial court’s judgments.

BACKGROUND

In cause nos. 05-13-00508-CR and 05-13-00509-CR, appellant waived a jury, pleaded 

guilty to prostitution, having three or more prior prostitution convictions, and pleaded true to two 
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enhancement paragraphs alleging prior non-state jail felony convictions. See TEX. PENAL CODE 

ANN. § 43.02(a)(1), (c)(2) (West Supp. 2013). The trial court assessed punishment at ten years’ 

imprisonment, probated for five years, in each case. The State later moved to revoke appellant’s 

community supervision, alleging she violated several conditions of community supervision. 

Appellant pleaded true to the allegations in a hearing on the motions. The trial court found all of 

the allegations true, revoked appellant’s community supervision, and assessed punishment at ten 

years’ imprisonment in each case.

In cause no. 05-13-00510-CR, appellant waived a jury, pleaded guilty to prostitution, 

having three or more prior prostitution convictions, and pleaded true to two enhancement 

paragraphs alleging prior non-state jail felony convictions. See TEX. PENAL CODE ANN.

§ 43.02(a)(1), (c)(2). After finding appellant guilty, the trial court assessed punishment at ten 

years’ imprisonment.

DISPROPORTIONATE SENTENCES

In her first two issues, appellant contends the ten-year sentences are grossly 

disproportionate to the crime and inappropriate to the offender, in violation of the Eighth and 

Fourteenth Amendments to the United States Constitution and Article I, Section 13 of the Texas 

Constitution. See U.S. CONST. amend. VIII, XIV; TEX. CONST. art. I, § 13. Appellant asserts

that based on the evidence she presented at trial about the abuse she suffered in childhood and 

her drug addiction, she should have received further drug treatment and not severe sentences. 

The State responds that appellant failed to preserve her complaints for appellate review and, 

alternatively, the sentences are not grossly disproportionate to the offenses.

Appellant did not complain about the sentences either at the time they were imposed or in 

motions for new trial. See TEX. R. APP. P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d 719, 723
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(Tex. App.—Dallas 2003, no pet.). Thus, appellant has not preserved this issue for appellate

review.

Moreover, punishment that is assessed within the statutory range for an offense is neither

excessive nor unconstitutionally cruel or unusual. Kirk v. State, 949 S.W.2d 769, 772 (Tex.

App.—Dallas 1997, pet. ref’d); see also Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App.

1984). Prostitution with three or more prior convictions for prostitution is a state jail felony. 

With the two enhancement paragraphs, the punishment range is elevated to that of a seconddegree felony, punishable by imprisonment for two to twenty years and an optional fine not to 

exceed $10,000. See TEX. PENAL CODE ANN. §§ 12.33, 12.425(b), 43.02(c)(2) (West 2011 & 

West Sup. 2013). Appellant’s ten-year sentences are within the statutory punishment range. We 

resolve appellant’s first two issues against her.

JUDGMENTS PLACING APPELLANT ON COMMUNITY SUPERVISION

In her third and fourth issues, appellant asks us to modify the judgments placing her on 

community supervision to reflect she entered open guilty pleas in cause nos. 05-13-00508-CR 

and 05-13-00509-CR. The State responds that appellant is entitled to have the judgments 

modified as she requests.

Once the trial court revoked appellant’s community supervision and imposed the 

sentences, the original judgment suspending the sentence and placing her on community 

supervision was no longer in effect. See Taylor v. State, 131 S.W.3d 497, 502 (Tex. Crim. App. 

2004); McCoy v. State, 81 S.W.3d 917, 919 (Tex. App.—Dallas 2002, pet. ref’d). A trial court’s 

judgment revoking community supervision expressly sets aside the underlying order placing 

appellant on community supervision. See McCoy, 81 S.W.3d at 919. Because the orders placing 
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appellant on community supervision are no longer in effect, we resolve appellant’s third and 

fourth issues against her. 

We affirm the trial court’s judgments.

Do Not Publish

TEX. R. APP. P. 47

130508F.U05

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

MICHELLE RENAE ANDERSON, 

Appellant 

No. 05-13-00508-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 204th Judicial District 

Court of Dallas County, Texas (Tr.Ct.No. 

F11-53993-Q).

Opinion delivered by Justice Lang-Miers, 

Justices Francis and Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered December 16, 2013.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

MICHELLE RENAE ANDERSON, 

Appellant 

No. 05-13-00509-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 204th Judicial District 

Court of Dallas County, Texas (Tr.Ct.No. 

F11-63173-Q).

Opinion delivered by Justice Lang-Miers, 

Justices Francis and Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered December 16, 2013.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

MICHELLE RENAE ANDERSON, 

Appellant 

No. 05-13-00510-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 204th Judicial District 

Court of Dallas County, Texas (Tr.Ct.No. 

F13-51244-Q).

Opinion delivered by Justice Lang-Miers, 

Justices Francis and Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered December 16, 2013. 

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE