John Martinez, III v. State

• Court: Court of Appeals of Texas
• Decided: July 17, 2003
• Docket: 11-02-00302-CR
• Status: Published

Opinion

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

John Martinez, III

Appellant

Vs.                   No. 11-02-00302-CR B Appeal from Dallas County

State of Texas

Appellee

This is an appeal from a judgment adjudicating guilt.  John Martinez, III originally entered a plea of guilty to the offense of burglary of a habitation.  He also entered a plea of true to the enhancement allegation.  Pursuant to the plea bargain agreement, the trial court deferred the adjudication of guilt and placed appellant on community supervision for 10 years.  After a hearing on the State=s amended motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated his guilt, and imposed a sentence of confinement for 25 years.  We dismiss.

In three points of error, appellant challenges the sufficiency of the evidence to revoke his community supervision.  TEX. CODE CRIM. PRO. ANN. art. 42.12, ' 5(b) (Vernon Supp. 2003) provides:

On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 21 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.

Phynes v. State, 828 S.W.2d 1 (Tex.Cr.App.1992); Olowosuko v. State, 826 S.W.2d 940 (Tex.Cr.App.1992).  Therefore, this court lacks jurisdiction to consider appellant=s points of error.  Phynes v. State, supra; Russell v. State, 702 S.W.2d 617 (Tex.Cr.App.1985), cert. den=d, 479 U.S. 885 (1986).

The appeal is dismissed.

PER CURIAM

July 17, 2003

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.