Keaton, Jan P. v. State

Opinion

Opinion issued April 18, 2002

In The

Court of Appeals

For The

First District of Texas

NO. 01-01-00038-CR

____________

JAN P. KEATON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 750840

O P I N I O N

Jan P. Keaton, appellant, pleaded guilty to aggravated assault. Consistent with the recommendation, the trial court deferred adjudication and placed her on community supervision for three years. The State filed a motion to adjudicate guilt, and she plead true to the allegations. The trial court assessed punishment at confinement for two years.

Appellant filed a motion for new trial alleging her counsel was ineffective for misleading her to believe she must accept the two-year plea agreement or the trial court would sentence her to six to eight years if she demanded a hearing. The trial court denied the motion for new trial, but gave appellant permission to appeal the ruling on the motion for new trial. See Tex. R. App. P. 25.2(b)(3).

No appeal may be taken from the trial court's determination to adjudicate guilt. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2002); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). This includes claims of involuntariness of a plea of true to a motion to adjudicate. Hargrave v. State, 10 S.W.3d 355, 357 (Tex. App.--Houston [1st Dist.] 1999, pet. ref'd). Appellant is attempting to do through the backdoor what is expressly prohibited if done through the front door. The trial court's order merely authorized appellant's appeal, it did not confer jurisdiction on this Court.

We dismiss the appeal for want of jurisdiction.

Jackson B. Smith, Jr.

Justice

Panel consists of Justices Cohen, Nuchia, and Smith. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1.

The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.