In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00538-CR
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BYRON KEITH WILSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Cause No. 813466
MEMORANDUM OPINION
Byron Keith Wilson, appellant, was charged by indictment with the felony offense of aggravated assault of Latorray Andrews. On January 10, 2000, appellant pled guilty pursuant to an agreed recommendation, and the trial court deferred an adjudication of guilt and placed appellant on community supervision for two years. On March 4, 2002, the State filed a motion to adjudicate, alleging that appellant had committed burglary and assault, had failed urinalyses on several dates, had used marijuana, and had failed to report to his community-supervision officer. On April 12, 2002, the trial court found appellant guilty and assessed his punishment at three years in the Texas Department of Criminal Justice—Institutional Division. Appellant raises three issues on appeal, claiming ineffective assistance of counsel during the hearing on the State’s motion to adjudicate guilt and also claiming that the evidence is legally and factually insufficient to support his conviction. We dismiss the appeal for want of jurisdiction.
Analysis
In Connolly v. State, the Texas Court of Criminal Appeals held that, given the plain meaning of article 42.12, section 5(b) of the Code of Criminal Procedure, an appellant whose deferred-adjudication community supervision has been revoked and who has been adjudicated guilty of the original charge may not raise on appeal contentions of error in the adjudication-of-guilt process. Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). That is, a court of appeals lacks jurisdiction to consider such contentions. Accordingly, we will not reach the merits of appellant’s arguments.
Conclusion
We dismiss the appeal for want of jurisdiction.
Sam Nuchia
Justice
Panel consists of Justices Hedges, Nuchia and Keyes.
Do not publish. Tex. R. App. P. 47.2(b).