Omar Garcia v. State

• Court: Court of Appeals of Texas
• Decided: November 8, 2007
• Docket: 14-06-00372-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. 14-06-00372-CR

OMAR GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1009360

M E M O R A N D U M   O P I N I O N

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

The record reflects that appellant initially entered a plea of Anot true@ to the State=s allegations, but after evidence was heard appellant admitted to violating the terms and conditions of his community supervision.  On appeal, appellant claims the trial court erred in improperly restricting his cross-examination of the State=s witness in violation of his right of confrontation.  

Pursuant to the version of Article 42.12, section 5(b) of the Code of Criminal Procedure in effect at the time of the hearing^[1], we do not have jurisdiction to consider claims relating to the trial court=s determination to proceed with an adjudication of guilt.  See Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006).  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Do Not Publish C Tex.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).       

---

^[1]  Tex. Code Crim. Proc. art. 42.12 ' 5(b) has been amended to allow review of the determination to proceed with an adjudication of guilt.  The amendment applies to hearings conducted on or after June 15, 2007.  Appellant=s hearing was conducted March 2-3, 2006.