Puentes, Eulalio T. v. State

• Court: Court of Appeals of Texas
• Decided: March 31, 2000
• Docket: 13-99-00064-CR
• Status: Published

Opinion

NUMBER 13-99-064-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

EULALIO T. PUENTES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

___________________________________________________________________

On appeal from the 36th District Court

of San Patricio County, Texas.

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O P I N I O N

Before Justices Dorsey, Chavez, and Rodriguez

Opinion by Justice Dorsey

EULALIO PUENTES appeals the January 25, 1999, revocation of his deferred adjudication probation by four points of error. However, appeal is not available from a trial court's decision to adjudicate guilt following deferred adjudication probation. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2000); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App.1992), Rodriguez v. State, 997 S.W.2d 640, 641 (Tex. App.--Corpus Christi 1999, no pet. h.). Section 5(b) of article 42.12 states:

On violation of a condition of [deferred adjudication] community supervision . . ., the defendant may be arrested and detained as provided [elsewhere in 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. After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal continue as if the adjudication of guilt had not been deferred. A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony.

Accordingly, this court is without jurisdiction, and Puentes' appeal is dismissed.

J. BONNER DORSEY,

Justice

Do not publish.

Tex. R. App. P. 47.3(b).

Opinion delivered and filed

this 31st day of March, 2000.