Richard Lee Brown v. State ( 2007 )

Opinion filed April 26, 2007

Opinion filed April 26, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00033-CR

                                                    __________

                                  RICHARD LEE BROWN, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 161st District Court

                                                           Ector County, Texas

                                                 Trial Court Cause No. B-25,158

                                                                   O P I N I O N

Richard Lee Brown pleaded guilty to four counts of sexual assault.  The trial court deferred adjudication of guilt, placed appellant on community supervision for ten years, and assessed a $1,000 fine.  The State filed a motion to adjudicate guilt on June 23, 2004, alleging that appellant failed to abstain from the use of methamphetamine and cocaine.  After a hearing on the motion, the trial court found that appellant had violated the terms of his community supervision, continued appellant on community supervision, and amended the rules of community supervision.  On October 14, 2004, the State filed another motion to adjudicate guilt alleging that appellant had failed to report to his community supervision officer and had failed to pay his fine, court costs, and supervision fee.  After a hearing on the motion, the trial court found that appellant had violated the terms of his community supervision, revoked his community supervision, adjudicated his guilt, and sentenced him to eight years confinement and a $500 fine. We dismiss the appeal.

In his sole point of error, appellant contends that he received ineffective assistance of counsel at the hearing on the State=s motion to adjudicate.  Appellant specifically argues that his trial counsel was deficient in failing to object when the State questioned him about an unadjudicated arrest.   Appellant=s complaint is not properly before this court.  Tex. Code Crim. Proc. Ann. art. 42.12, ' 5(b) (Vernon 2006) precludes an appeal challenging the trial court=s determination to proceed with the adjudication of guilt.  Davis v. State, 195 S.W.3d 708, 709 (Tex. Crim. App. 2006); 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, 2 (Tex. Crim. App. 1992); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992). Therefore, appellant=s sole point is dismissed for want of jurisdiction.  

The appeal is dismissed. 

JIM R. WRIGHT

CHIEF JUSTICE

April 26, 2007

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

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.