Jorge Luis Silva v. State ( 2003 )

Opinion issued May 8, 2003

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-02-01136-CR  

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JORGE LUIS SILVA, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 887838

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MEMORANDUM OPINION

               Appellant pled guilty to sexual assault of a child. The trial court deferred adjudication of guilt and placed appellant on community supervision for four years. The State filed a motion to adjudicate guilt to which appellant pleaded true. Following the terms of a plea bargain agreement, the trial court sentenced appellant to five years’ confinement. Appellant filed a timely pro se notice of appeal from the adjudication.

               In his sole point of error, appellant argues that the trial court erred by failing to admonish appellant of his right to request final adjudication within 30 days after entering his plea of guilty and the deferment of adjudication.

               This issue relates to appellant’s original plea of guilty. The Court of Criminal appeals held, in Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999), that a defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceedings only in appeals taken when deferred adjudication community supervision is first imposed. Even the voluntariness of the original plea may not be attacked in a post-adjudication direct appeal. Ellerbe v. State, 80 S.W.3d 721, 723 (Tex. App.—Houston [1st Dist.] 2002, pet. ref’d). There are two exceptions to this general rule, namely: (1) when the original judgment was null and void, and (2) when a writ of habeas corpus was litigated at the adjudication hearing. Nix v. State, 65 S.W.3d 664, 667-70 (Tex. Crim. App. 2001). Neither exception applies to this appeal.

               In addition to its brief, the State filed a motion to dismiss the appeal for lack of jurisdiction. The motion is granted.

               The appeal is dismissed for lack of jurisdiction.

                                                                        Elsa Alcala

                                                                        Justice

Panel consists of Justices Hedges, Jennings, and Alcala.

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