Billy Ray Lamb v. State ( 2002 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Billy Ray Lamb

Appellant

Vs.                   No. 11-02-00078-CR B Appeal from Taylor County

State of Texas

Appellee

This is an appeal from a judgment adjudicating guilt.  In 1996, appellant entered a plea of nolo contendere to the allegation that he committed the offense of indecency with his daughter, a child. Pursuant to the plea bargain agreement, the trial court deferred the adjudication of guilt, placed appellant on deferred adjudication community supervision for 10 years, and assessed a $1,000 fine.  After a hearing in 2001 on the State=s amended motion to adjudicate, the trial court determined that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated his guilt, and assessed his punishment at confinement for 8 years.  Appellant filed a motion for new trial challenging his 1996 nolo contendere plea on the grounds of newly-discovered evidence.  Appellant requested a hearing on his motion for new trial.  The trial court overruled appellant=s motion for new trial without a hearing and granted appellant permission to appeal.

On appeal, appellant=s sole complaint is that the trial court erred in failing to conduct a hearing on his motion for new trial in which he challenges the validity and voluntariness of his nolo plea because of newly-discovered evidence.  Pursuant to Nix v. State, 65 S.W.3d 664 (Tex.Cr.App.2001), and Manuel v. State, 994 S.W.2d 658 (Tex.Cr.App.1999), appellant=s complaints concerning the effect of newly-discovered evidence on his original nolo plea are not proper complaints to be raised in the appeal from the subsequent revocation of deferred adjudication community supervision and the adjudication of guilt.  Therefore, his sole issue on appeal is overruled.

The judgment of the trial court is affirmed.

PER CURIAM

May 23, 2002

Do not publish.  See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.