Abdallah v. State

924 S.W.2d 751
CourtCourt of Appeals of Texas
DecidedJuly 18, 1996
Docket2-95-036-CR to 2-95-038-CR
StatusPublished
Cited by15 cases

This text of 924 S.W.2d 751 (Abdallah v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abdallah v. State, 924 S.W.2d 751 (Tex. Ct. App. 1996).

Opinions

OPINION

HOLMAN, Justice.

Ibrahim Abdallah, also known as Abohem Mohammed Turabi, was charged with three offenses, each in a separate indictment. He pled guilty to each offense: theft of stolen property, sexual assault and engaging in organized crime. Abdallah was placed on deferred adjudication probation for each offense, and a condition for probation on each offense was that he participate in a sex offender eounseling/treatment program at the direction of the probation officer and/or the court.

Abdallah did not complete the program, and the State petitioned that all three eases proceed to adjudication on the ground that he had violated conditions of his probation. After a hearing, the court granted the State’s [753]*753petitions, assessed Abdallah’s punishment for each offense at ten years’ confinement in the Institutional Division of the Department of Criminal Justice, and ordered that the sentences be served concurrently.

English is not Abdallah’s native language, and he contends that he was denied his right to confront witnesses because the court erred by not making a sua sponte appointment of an interpreter for him. He also asserts that he was denied due process of law because the probation condition that required him to participate in the sex offender treatment/counseling program was not specific enough to notify him of the terms of that condition.

We dismiss this appeal because our laws do not provide for appeal from a trial court’s determination to proceed with an adjudication of guilt, and neither of Abdallah’s points of error are directed to the judgment adjudicating his guilt of the offenses for which he was indicted.

When Abdallah was granted probation, he signed his name, using the English alphabet, to three written waivers, one for each of the offenses charged. Each of the waivers includes Abdallah’s statement that “I am able to read the English language and fully understand each of the written plea admonishments by the Court and I have no questions.” Under Abdallah’s signature at the end of each waiver is the following statement signed by Abdallah’s attorney: “I have fully reviewed and explained the above and foregoing court admonishments, rights, and waivers to [Abdallah] and am satisfied that [he] is legally competent and has intelligently, knowingly, and voluntarily waived his rights and will plead guilty understanding the consequences thereof.”

When the hearing on adjudication of guilt began, the trial judge informed Abdallah that the hearing’s purpose was to consider allegations that Abdallah had violated the terms and conditions of his probation. The exchange between the judge and Abdallah was in the English language, and Abdallah displayed no problems with comprehension of the situation until the judge began asking whether Abdallah pled “true” or “not true” to the alleged violations of probation. At that point, it appears obvious that Abdallah did not want to be restricted to entering a plea as the judge had requested, but wanted instead to explain his viewpoint about the reasons for his discharge from the treat-meni/counseling program.

Probation Officer Lawrin Dean testified that Abdallah was enrolled in the sex offender/counseling program and later discharged by its administrators because “[t]hey had not seen him for several months,” and he had not completed the required evaluation process. Officer Dean expressed concern that, because of “the language problem,” Abdallah may not have understood when to attend the program, so Dean arranged for Abdallah’s read-mittance. Abdallah then attended group therapy sessions but again was discharged because “[h]e was verbally assaultive during group, threatening. Other members of the group felt that they were being threatened.”

The mere fact that an accused is more fluent in a language other than English does not require the trial court to appoint an interpreter if the accused speaks and understands the English language. Flores v. State, 509 S.W.2d 580, 581 (Tex.Crim.App.1974); Vargas v. State, 627 S.W.2d 785, 787 (Tex.App.—San Antonio 1982, no pet.).

The record of Abdallah’s testimony at the hearing on the State’s petitions to proceed to adjudication shows that Abdallah was called as a witness by his own attorney. His attorney admonished him, in English, that “[i]f you do not understand my questions, by all means, ask me to either repeat them, or to qualify them, or to restate them,” and Abdal-lah agreed. On both direct and cross-examination, all of the lawyers’ questions and all of Abdallah’s answers were in the English language, and it is clear that Abdallah understood the questions and answered them intelligibly in understandable English.

The constitutional right of confrontation means something more than merely bringing the accused and the witnesses face to face; it embodies and carries with it the valuable right of cross-examination of the witness. Baltierra v. State, 586 S.W.2d 553, 557 (Tex.Crim.App.1979). To avail the right of cross-examination, an accused must comprehend the testimony of the witness or have it explained to him by counsel or an interpreter. Id. The right to have trial proceedings interpreted to the accused in a language [754]*754he can understand is a part of the constitutional right to confrontation. Vasquez v. State, 819 S.W.2d 932, 937 (Tex.App.—Corpus Christi 1991, pet. ref d.).

Once a trial court determines that the accused does not understand and speak the English language, it must grant any party’s motion to appoint an interpreter or make the appointment sua sponte in the absence of a motion. See Tex.Code Crim.PROC.Ann. art. 38.30 (Vernon Supp.1996). Abdallah did not ask the trial court to appoint an interpreter for him, and he raises the complaint for the first time on appeal.

The first point of error is an argument that Abdallah lacked proficiency in the English language and could not understand the proceedings against him at the hearing of the State’s petitions for adjudication. Abdal-lah avers that his lack of comprehension should have been obvious to the court and should have prompted a sua sponte appointment of an interpreter. He contends that we should reverse and remand for new trial because the lack of an interpreter denied him the right to confront the witnesses against him, violating article I, section 10 of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution.

The State replies that Abdallah’s first point of error is merely an allegation of error in the trial court’s decision to adjudicate and therefore the point should be dismissed because a defendant has no right to appeal that type of decision. See Tex.Code Crim.Proc. Ann. art. 42.12, § 5(b) (Vernon Supp.1996); Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992):

Art. 42.12, Sec. 5(b) specifically provides that there shall be no appeal taken from the trial court’s determination to adjudicate. It has long since been recognized that the United States Constitution does not require a state to provide appellate courts or a right to appellate review of criminal convictions.

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Abdallah v. State
924 S.W.2d 751 (Court of Appeals of Texas, 1996)

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