Daniels v. State

615 S.W.2d 771, 1981 Tex. Crim. App. LEXIS 1031

• Court: Court of Criminal Appeals of Texas
• Decided: May 20, 1981
• Docket: 66842
• Status: Published

Opinions

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from an order revoking probation.

On April 1, 1977, appellant pled guilty to a charge of burglary of a building. After hearing the evidence, and finding that it substantiated appellant’s guilt, the court deferred further proceedings without entering an adjudication of guilt, and placed appellant on probation for a period of four years.

On April 18, 1980, the State filed a motion to proceed with an adjudication of guilt. The trial court then revoked appellant’s probation and entered an adjudication of guilt after finding that he had violated the conditions of his probation by committing an offense, failing to report to his probation officer, failing to pay the probation fee, and by failing to make restitution. On July 1, 1980, appellant’s punishment was assessed at four years.

In this purported appeal, appellant contends the court abused its discretion in revoking his probation in that the evidence is insufficient to support the court’s order finding the above violations.

Art. 42.12, Sec. 3d(b), supra, provides in part:

“On violation of a condition of probation imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 8 of this Article. The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. No appeal may be taken from this determination.... ”

In Williams v. State, Tex.Cr.App., 592 S.W.2d 931, we held that under the terms of the above statute, 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, Tex.Cr.App., 592 S.W.2d 604. Accordingly, appellant’s contention is not reviewable.

The judgment is affirmed.