Allen Buseta Custodio v. State

• Court: Court of Appeals of Texas
• Decided: November 8, 2007
• Docket: 14-07-00348-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 8, 2007

Dismissed and Memorandum Opinion filed November 8, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00348-CR

ALLEN BUSETA CUSTODIO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 763510

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty pursuant to a plea bargain to the offense of robbery.  In accordance with the terms of the agreement, the trial judge deferred adjudication of guilt and placed appellant on community supervision for eight years.  Subsequently, the State filed a motion to adjudicate guilt.  The trial court found appellant guilty and assessed punishment at confinement for four years.  Appellant filed a timely notice of appeal from the judgment adjudicating guilt.

The record reflects that appellant entered a plea of true to the State=s allegations.  On appeal, appellant claims he was denied effective assistance of counsel in the original plea proceeding. 

Because appellant=s complaint arises from his original plea, he was required to raise the issue in an appeal from the trial court=s order placing him on deferred adjudication community supervision. See Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999). An appeal on these grounds should have been commenced within thirty days of the trial court=s order. See Garcia v. State, 29 S.W.3d 899, 901 (Tex. App. B Houston -14th Dist.] 2001, no pet.). No timely notice of appeal was filed from that judgment.

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 8, 2007.

Panel consists of Chief Justice Hedges, Justices Yates and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).