concurring and dissenting.
Although I join the majority opinion, I dissent to the decision to publish. The Court of Appeals erroneously concluded appellant, in 1987, had a right to appeal. As the majority opinion correctly recognizes, appellant’s right to appeal did not arise until his guilt was adjudicated in 1990. However, a defendant now has the right to appeal from an order deferring adjudication. Dillehey v. State, 815 S.W.2d 623 (Tex.Cr.App.1991). Consequently, this issue will not arise again. As this issue is not subject to repetition, the majority’s holding is case specific and publication of this opinion will not add to our jurisprudence. Moreover, the opinion of the Court of Appeals was not published. Obviously that Court felt its opinion did not meet the standards for publication. See, Tex. R.App.P. 90(d).