Rodriquez v. State

992 S.W.2d 483, 1999 WL 248645

• Court: Court of Criminal Appeals of Texas
• Decided: April 28, 1999
• Docket: 1281-98
• Status: Published

Opinions

OPINION

McCORMICK, P.J.,

delivered the opinion of the Court,

in which MANSFIELD, KELLER, WOMACK and KEASLER, JJ., joined.

After appellant pled nolo contendere to voluntary manslaughter, the trial court placed him on ten years’ deferred adjudication probation. The trial court subsequently adjudicated appellant guilty of the voluntary manslaughter offense and sentenced him to twenty years’ confinement.

Appellant filed a direct appeal from the adjudication proceeding claiming the State failed to use due diligence in apprehending him and bringing him before the trial court for a hearing. The Court of Appeals dismissed the appeal for lack of jurisdiction because, among other things, appellant’s general notice of appeal failed to vest the Court of Appeals with jurisdiction over appellant’s appeal. Rodriquez, 972 S.W.2d at 139.

We granted appellant’s discretionary review petition to review this decision. Although we disagree with- the Court of Appeals’ reasoning, we agree with its ultimate holding that it lacked jurisdiction over appellant’s appeal based on our recent decision in Connolly v. State, 983 S.W.2d 738, 741, (Tex.Cr.App.1999).

The judgment of the Court of Appeals is affirmed.

MANSFIELD, J., filed a concurring opinion in which KELLER, J., joined.

JOHNSON, J., filed a dissenting opinion in which MEYERS, PRICE and HOLLAND, JJ., joined.