Washington, Julian v. State

• Court: Court of Appeals of Texas
• Decided: July 27, 2004
• Docket: 14-03-00651-CR
• Status: Published

Opinion

Dismissed and Opinion filed July 27, 2004

Dismissed and Opinion filed July 27, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00651-CR

JULIAN WASHINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262 District Court

Harris County, Texas

Trial Court Cause No. 752,282

O P I N I O N

Appellant, Julian Washington, entered a plea of not guilty, without an agreed recommendation, to the offense of possession of a controlled substance with the intent to deliver.  On August 7, 1997, the trial court placed appellant on deferred adjudication community supervision for a period of ten years.  On April 4, 2003, the State moved to adjudicate appellant=s guilt.  On May 14, 2003, the trial court adjudicated appellant=s guilt and sentenced him to 10 years= incarceration in the Texas Department of Corrections, Institutional Division. 

In his sole issue on appeal, appellant complains the trial court erred in accepting his original guilty plea because he did not sign the requisite admonishments thereby rendering his plea involuntary.  A defendant placed on deferred adjudication must appeal issues relating to the original plea proceeding when deferred adjudication is first imposed and cannot appeal such matters after guilt has been adjudicated.  Vidaurri v. State, 49 S.W.3d 880, 884 (Tex. Crim. App. 2001); Daniels v. State, 30 S.W.3d 407, 408 (Tex. Crim. App. 2000); Manuel v. State, 994 S.W.2d 658, 661B62 (Tex. Crim. App. 1999).  Because appellant cannot now complain of alleged error in the plea process, we lack jurisdiction to consider the merits of his claim. 

Accordingly, we dismiss appellant=s appeal for want of jurisdiction.

/s/      J. Harvey Hudson

Justice

Judgment rendered and Opinion filed July 27, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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