Demitrius LaMarr Curtis v. State ( 2005 )

NO. 07-04-0443-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

FEBRUARY 22, 2005 ______________________________

DEMITRIUS LAMARR CURTIS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

FROM THE 47^TH DISTRICT COURT OF POTTER COUNTY;

NO. 47,408-A; HON. HAL MINER, PRESIDING _______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

Appellant, Demitrius LaMarr Curtis, appeals from a judgment 1) adjudicating him guilty for the offense of possessing a controlled substance and 2) revoking his community supervision. He originally pled guilty to the crime. Furthermore, the trial court, per a plea agreement, deferred the adjudication of his guilt and placed him on community supervision. Thereafter, the State moved to have his guilt adjudicated. In response, appellant moved to withdraw his original plea of guilty. The trial court denied the latter motion and, instead, granted that of the State. Consequently, appellant was adjudicated guilty of the offense mentioned above and sentenced to prison for ten years. The sole issue before us involves the voluntariness of his original plea and the trial court's denial of his motion to withdraw it. We dismiss the appeal for want of jurisdiction.

To the extent appellant contends his original plea of guilty was involuntary, we have no jurisdiction over that debate. This is so because the issue was not raised on appeal immediately after the trial court accepted his plea, deferred his adjudication of guilt, and placed him on community supervision. Jordan v. State, 54 S.W.3d 783, 786 (Tex. Crim. App. 2001); Jones v. State, 42 S.W.3d 143, 148-49 (Tex. App.-Amarillo 2000, no pet.).

Next, and to the extent that appellant questions the trial court's denial of his motion to withdraw the plea, we read the argument as an attack on the decision to adjudicate his guilt. In other words, appellant is arguing that the trial court should not have adjudicated him guilty because his plea was involuntary. Yet, again, we have no jurisdiction to entertain the matter since statute bars a defendant from appealing the trial court's decision to adjudicate guilt. Tex. Code Crim. Proc. Ann. art. 42.12, §5(b) (Vernon Supp. 2004-05); see Porter v. State, 93 S.W.3d 342, 344 (Tex. App.-Houston [14^th Dist.] 2002, pet. ref'd) (stating that a defendant who is adjudicated guilty of the original charge cannot appeal supposed error in the adjudication of guilt process).

Having no jurisdiction over the contentions raised by appellant, we dismiss the appeal for want of jurisdiction.

Brian Quinn

Justice

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                                                            NO. 07-10-0314-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                     PANEL D

                                                              AUGUST 18, 2010

                                            ______________________________

                                                          JOHNNY EDWARDS,

Appellant

                                                                             v.

                                                        THE STATE OF TEXAS,

Appellee

                                         _________________________________

                        FROM THE 181st DISTRICT COURT OF POTTER COUNTY;

                                NO. 51,148-B; HON. JOHN B. BOARD, PRESIDING

                                           _______________________________

                                                        ORDER OF DISMISSAL

                                           _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant, Johnny Edwards, appeals his conviction for assault on a public servant.  The certification of right to appeal executed by the trial court states that this Ais a plea bargain case and the defendant has NO right of appeal.”  This circumstance was brought to the attention of appellant and opportunity was granted him to obtain an amended certification entitling him to appeal.  No such certification was received within the time we allotted.  Having received no amended certification, we dismiss the appeal per Texas Rule of Appellate Procedure 25.2(d).

Per Curiam

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