NO. 07-06-0282-CR
07-06-0283-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
OCTOBER 15, 2007
______________________________
ROY BULLOCK, JR., APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 123RD DISTRICT COURT OF SHELBY COUNTY;
NO. 05CR-16434, 05CR-16435; HONORABLE GUY GRIFFIN, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Roy Bullock, Jr., appeals from the trial court’s determination to proceed
with adjudication of two charges of indecency with a child and assessment of 10 and 18
year sentences of confinement in the Institutional Division of the Texas Department of
Criminal Justice. We affirm.
Background
On July 11, 2005, appellant was indicted by separate indictments for the offenses
of indecency with a child by exposure and indecency with a child by contact. On October
28, 2005, in accordance with a plea agreement, the trial court deferred adjudication on
both charges for a period of 10 years. No appeal was taken from the order deferring
adjudication. On December 9, 2005, the State filed a Motion to Proceed with an
Adjudication of Guilt alleging three violations of the terms and conditions of appellant’s
community supervision. On March 10, 2006, the trial court heard the matters and
adjudicated appellant guilty of both charges. Subsequently, the trial court held a hearing
on punishment and sentenced appellant to 10 years confinement for the offense of
indecency with a child by exposure and 18 years confinement for the offense of indecency
with a child by contact. Each sentence is to run concurrently.
Appellant presents the following four issues: (1) did appellant violate the terms of
his probation merely by attending church, (2) was the evidence legally sufficient to support
appellant’s convictions, (3) were the terms of appellant’s probation so overbroad and not
narrowly tailored as to violate appellant’s constitutional rights, and (4) was appellant’s
sentence so excessive as to constitute cruel and unusual punishment. Because we lack
jurisdiction to address appellant’s first three issues, we will discuss them together.
Appellant’s First Three Issues
Appellant’s first two issues challenge the trial court’s determination to proceed to
adjudication. However, article 42.12, section 5(b), of the Texas Code of Criminal
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Procedure provides that a defendant may not appeal from a trial court’s determination to
proceed with an adjudication of guilt. TEX . CODE CRIM . PROC . ANN . art. 42.12, § 5(b)
(Vernon Supp. 2005);1 Hogans v. State, 176 S.W.3d 829, 832 (Tex.Crim.App. 2005). Our
authority to review issues relating to the revocation of deferred adjudication probation is
limited to post-adjudication proceedings, including the assessment of punishment. § 5(b).
Thus, consideration of appellant’s first two issues is foreclosed by statute. As we lack
jurisdiction to address these issues, nothing is presented for our review.
Appellant’s third issue challenges the terms and conditions of the order initially
placing him on deferred adjudication community supervision. Appellant contends that, if
he violated the terms and conditions of his community supervision by attending church,
then the terms and conditions of his community supervision were overly broad and not
sufficiently tailored. To the extent that appellant’s third issue would require us to review
the basis for the trial court’s determination to proceed to adjudication, we are without
authority to do so. See § 5(b); Hogans, 176 S.W.3d at 832. In the alternative, to the
extent that appellant’s third issue challenges the terms and conditions of his community
supervision, appeal of issues relating to the original deferred adjudication proceeding must
be appealed when the deferred adjudication is imposed. See Vidaurri v. State, 49 S.W.3d
880, 884-85 (Tex.Crim.App. 2001). Because appellant did not appeal the terms and
conditions of his community supervision at the time that they were imposed, our jurisdiction
1
Further references to article 42.12 of the Texas Code of Criminal Procedure will
be by reference to “section __” or “§ __.”
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to address the merits of appellant’s third issue has not been invoked. See White v. State,
61 S.W.3d 424, 428 (Tex.Crim.App. 2001).
Cruel and Unusual Punishment
While we do not have authority to review a trial court’s decision to proceed with an
adjudication of guilt, we do have authority to review post-adjudication proceedings,
including the assessment of punishment. § 5(b). Appellant contends that, in the present
case, the punishment assessed by the trial court was so excessive as to constitute cruel
and unusual punishment. Appellant was sentenced to 18 years incarceration for the
second degree felony of indecency with a child by contact and 10 years for the third degree
felony of indecency with a child by exposure. The applicable ranges of punishment for
these offenses are two to 20 years and two to 10 years, respectively. TEX . PENAL CODE
ANN . §§ 12.33, 12.34 (Vernon 2003). Thus, neither sentence exceeds the punishment
range set by statute. Such punishment is not unconstitutionally cruel and unusual. See
Nichols v. State, 494 S.W.2d 830, 836 (Tex.Crim.App. 1973); Hill v. State, 493 S.W.2d
847, 849 (Tex.Crim.App. 1973). Thus, we overrule appellant’s fourth issue.
Conclusion
We dismiss appellant’s first three issues for want of jurisdiction. We overrule
appellant’s fourth issue and affirm the judgment of the trial court.
Mackey K. Hancock
Justice
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