Tiffany Moneke Woodberry v. State

• Court: Court of Appeals of Texas
• Decided: July 3, 2008
• Docket: 14-07-00471-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed July 3, 2008

Affirmed and Memorandum Opinion filed July 3, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00471-CR

TIFFANY MONEKE WOODBERRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1083066

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of Aguilty@ to the offense of aggravated assault.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudication of guilt and placed appellant under community supervision for a period of five years.  Subsequently, the State filed a motion to adjudicate guilt.  Appellant entered a plea of Atrue@ to the State=s allegations.  After a hearing, the trial court found appellant guilty and assessed punishment at confinement for four years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.

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 July 3, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).

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^[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 June 6, 2007.