TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. B-96-0565-S, HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
The opinion and judgment dated November 21, 2002, are withdrawn.
Appellant William Ray Nobles was placed on deferred adjudication community supervision after he pleaded guilty to two counts of sexual assault of a child. See Tex. Pen. Code Ann. § 22.011 (West Supp. 2003). Later, after a hearing on the State's motion, the district court revoked supervision, adjudicated him guilty, and imposed a sentence of six years' imprisonment.
Nobles's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969).
Nobles exercised his right to file a pro se brief. His only contention is that the attorney who represented him at the time he pleaded guilty did not render effective assistance. In general, a defendant placed on deferred adjudication supervision may raise issues relating to the original plea proceeding only in an appeal taken when deferred adjudication supervision was imposed. Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999). Nobles's contention thus comes too late and is overruled. Id.; see also Nix v. State, 65 S.W.3d 664, 667-70 (Tex. Crim. App. 2001); Jordan v. State, 54 S.W.3d 783, 785-86 (Tex. Crim. App. 2001). Nobles may pursue his contention in a post-conviction habeas corpus proceeding.
We have reviewed the record and briefs and agree that the appeal is frivolous and without merit. The judgment of conviction is affirmed.
__________________________________________
Bea Ann Smith, Justice
Before Justices Kidd, B. A. Smith and Yeakel
Affirmed
Filed: January 16, 2003
Do Not Publish