|
|
|
|
Opinion filed May 25, 2006
In The
Eleventh Court of Appeals
__________
No. 11-05-00129-CR
__________
TRACY DEMOND JONES, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 283rd District Court
Dallas County, Texas
Trial Court Cause No. F03-58686-T
O P I N I O N
This is an appeal from a judgment adjudicating guilt. We dismiss the appeal.
Tracy Demond Jones originally entered a plea of guilty to the offense of aggravated assault. Pursuant to a plea bargain agreement, the trial court deferred the adjudication of guilt, placed appellant on community supervision for four years, and assessed a $2,500 fine. After a hearing on the State=s motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his community supervision by committing the offense of assault on a public servant. The trial court revoked appellant=s community supervision, adjudicated his guilt, and assessed his punishment at confinement for twelve years.
In his sole issue on appeal, appellant argues that the evidence is insufficient to support the trial court=s finding that he violated a term of his community supervision. TEX. CODE CRIM. PROC. ANN. art. 42.12, ' 5(b) (Vernon Supp. 2005) precludes an appeal challenging the trial court=s determination to proceed with the adjudication of guilt. Hargesheimer v. State, 182 S.W.3d 906, 909 (Tex. Crim. App. 2006); Hogans v. State, 176 S.W.3d 829, 831 (Tex. Crim. App. 2005); Phynes v. State, 828 S.W.2d 1 (Tex. Crim. App. 1992); Olowosuko v. State, 826 S.W.2d 940 (Tex. Crim. App. 1992). Therefore, appellant=s argument challenging the trial court=s decision to revoke is not properly before this court and cannot be considered. Appellant=s issue on appeal is dismissed for want of jurisdiction.
The appeal is dismissed.
JIM R. WRIGHT
CHIEF JUSTICE
May 25, 2006
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Wright, C.J, and
McCall, J., and Strange, J.