Thomas Moore v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-94-233-CR





THOMAS MOORE,

APPELLANT



vs.





THE STATE OF TEXAS,

APPELLEE







FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT

NO. CR92-0389-A, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING







PER CURIAM

Appellant pleaded guilty to indecency with a child. Act of May 29, 1987, 70th Leg., R.S., ch. 1028, § 1, 1987 Tex. Gen. Laws 3474 (Tex. Penal Code Ann. § 21.11, since amended). The district court found that the evidence substantiated appellant's guilt but deferred further proceedings and placed appellant on probation. On the State's motion, the court subsequently proceeded to adjudicate appellant guilty and assessed punishment at imprisonment for sixteen years. This appeal followed.

Appellant's sole point of error is that the district court abused its discretion by revoking his probation and adjudicating him guilty. The contention presents nothing for review. No appeal may be taken from the determination to proceed to adjudication. Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (West Supp. 1994); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992). After adjudication of guilt, all proceedings, including the appeal, continue as if the adjudication of guilt had not been deferred. Art. 42.12, § 5(b).

Appellant advances no point of error directed to the judgment of the district court. The judgment is accordingly affirmed.



Before Chief Justice Carroll, Justices Jones and Kidd

Affirmed

Filed: February 1, 1995

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