Contreras v. State

645 S.W.2d 298, 1983 Tex. Crim. App. LEXIS 921

Opinion

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

This cause is before us on appellant’s petition for discretionary review, the Court of Appeals having affirmed his conviction for aggravated assault after a Motion to Proceed to Adjudication was found to be true by the trial court.

However, in Williams v. State, 592 S.W.2d 931 (Tex.Cr.App.1979), we held that under the terms of Article 42.12, § 3d(b), V.A.C.C.P., no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge. See Wright v. State, 592 S.W.2d 604 (Tex.Cr.App.1980) and Daniels v. State, 615 S.W.2d 771 (Tex.Cr.App.1981). Accordingly, the purported appeal should have never been entertained by the Court of Appeals. Therefore, appellant’s petition for discretionary review is refused.

It is so ordered.