Davion Derrell Crow v. State ( 2006 )

Opinion filed October 26, 2006

Opinion filed October 26, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                       Nos. 11-06-00263-CR & 11-06-00264-CR

                                                    __________

                                DAVION DERRELL CROW, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                          On Appeal from the 91st District Court

                                                        Eastland County, Texas

                                    Trial Court Cause Nos. 04-20,236 & 04-20,237

                                                                   O P I N I O N

In his notices of appeal, Davion Derrell Crow states that he is appealing from the trial court=s  Adecision to not allow Crow to withdraw his plea of guilty on August 28, 2006.@ These appeals are dismissed for want of jurisdiction.

The clerk=s records were filed in this court on September 29, 2006.  Each record consists of only the notice of appeal and the trial court=s certificate stating that appellant has no right to appeal and has waived any right to appeal.  Upon receipt of these records, the clerk of this court wrote requesting that the clerk of the trial court prepare and forward supplemental records that included the indictments and the judgments and sentences and directing appellant to respond showing grounds for continuing these appeals.  Both the supplemental records and a response have been filed.

The supplemental records reflect that appellant was indicted for sexual assault in Cause No. 11-06-00263-CR and that he was indicted for retaliation in Cause No. 11-06-00264-CR.  In each case, appellant entered into a plea bargain agreement.  On May 2, 2005, appellant entered pleas of guilty, and the trial court assessed punishment in agreement with the plea bargains.  The adjudication of appellant=s guilt was deferred, he was placed on community supervision for six years, and a fine of $2,000 was imposed in the sexual assault case.  In April of 2006, the State filed motions to adjudicate guilt. These motions were dismissed on May 8, 2006; and the State filed new motions to adjudicate on June 21, 2006. After a hearing, the trial court found that the allegations that appellant violated the terms and conditions of his community supervision were true and ordered that his community supervision be extended one year in each case.  These orders were entered on September 27, 2006.  On October 6, 2006, the trial court granted the State=s motion to amend the terms and conditions of appellant=s supervision to provide that appellant wear a Global Tracking Services ankle monitor unit.

In his response, appellant=s counsel states that the trial court:

[H]eard and ruled on Mr. Crow=s Motion to Withdraw his plea of guilty, and denied the Motion on August 28, 2006.  Mr. Crow, based on current case law has, as a matter of right, the ability to appeal any decision of the court, if the Clerk of the Court is advised of the desire of the defendant within 30 days of the original court=s decision as allowed by Article 44.02 of the Texas Criminal Procedure Code, Rule 25.01 (sic) and 26.2 of the Texas Rules of Appellate Procedure.

Mr. Crow wishes to appeal the courts (sic) decision to not allow him to withdraw his plea of guilty rendered on August 28, 2006.

The trial court has not adjudicated appellant=s guilt in either case.  Therefore, direct appeals are not available to challenge the trial court=s actions at this time.  See Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon 2005), art. 42.12, ' 5 (Vernon Supp. 2006); Donovan v. State, 68 S.W.3d 633 (Tex. Crim. App. 2002).

These appeals are dismissed for want of jurisdiction.

PER CURIAM

October 26, 2006

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.