Phillip Warren Roberts v. State

141 S.W.3d 685, 2004 Tex. App. LEXIS 4851, 2004 WL 1177218

Opinions

MEMORANDUM OPINION

PER CURIAM.

Phillip Warren Roberts pleaded guilty to two counts of indecency with a child. Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed Roberts on unadjudicated community supervision for ten years. The court subsequently adjudicated Roberts’s guilt, sentenced him to twenty years’ imprisonment on each count, and ordered the sentences to run consecutively.

Roberts contends in his sole issue that the court erred by adjudicating his guilt for violations which the court had considered in a prior hearing which resulted in a modification of the terms and conditions of his unadjudicated community supervision. This issue concerns the trial court’s determination to proceed with an adjudication of guilt. Article 42.12, section 5(b) of the Code of Criminal Procedure prohibits Roberts from raising this issue on appeal. Tex.Code CRiM. PROC. Ann. art. 42.12, § 5(b) (Vernon Supp.2004); Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App.1999); Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App. [Panel Op.]1979); Gray v. State, 134 S.W.3d 471, 472 (Tex.App.-Waco 2004, no pet. h.). Thus, we dismiss Roberts’s sole issue.

We affirm the judgment. See Williams, 592 S.W.2d at 933; Gray, 134 S.W.3d at 472-73.

Chief Justice GRAY dissents.