Charles Delmon Peoples v. State of Texas

Opinion filed November 15, 2007

Opinion filed November 15, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                       Nos. 11-06-00317-CR & 11-06-00318-CR

                                                    __________

                            CHARLES DELMON PEOPLES, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 350th District Court

                                                          Taylor County, Texas

                                        Trial Court Cause Nos. 6514-D & 6515-D

                                                                   O P I N I O N

These are appeals from judgments adjudicating guilt.  We dismiss both appeals.

Charles Delmon Peoples originally entered pleas of true to the offenses of possession of a firearm by a felon^[1] and possession of less than one gram of cocaine.^[2] Pursuant to the plea bargain agreements, the trial court deferred the adjudication of appellant=s guilt, placed appellant on community supervision for five years, and assessed a fine of $1,000.  The trial court ordered that the periods of community supervision run concurrently.  At the October 30, 2006 hearing on the State=s motions to adjudicate, appellant entered pleas of true to all seven of the State=s allegations.  In each case, the trial court found the allegations to be true, revoked appellant=s community supervision, and adjudicated his guilt.  For the possession of a firearm by a felon conviction, the trial court assessed appellant=s punishment at confinement for two years.  For the possession of cocaine conviction, the trial court assessed his punishment at confinement for ten years.

In his sole point of error, appellant contends that the trial court erred in denying the motion to suppress in a companion case^[3] that was the basis for one of the State=s seven allegations that he had violated the terms and conditions of his community supervision.  In essence, appellant is challenging the trial court=s determination to revoke and proceed with the adjudication of guilt.

The hearing was conducted prior to the June 15, 2007 effective date of the amendment to Tex. Code Crim. Proc. Ann. art. 42.12, ' 5(b) (Vernon Supp. 2007) allowing an appeal from the determination to adjudicate. Therefore, former Tex. Code Crim. Proc. art. 42.12, ' 5(b) (1999) and its prohibition concerning appeals from the determination to proceed with the adjudication of guilt apply.^[4]

This court lacks jurisdiction to consider appellant=s point of error.  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); Russell v. State, 702 S.W.2d 617, 618 (Tex. Crim. App. 1985).

The appeals are dismissed.

November 15, 2007                                                                 PER CURIAM

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

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

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^[1]Cause No. 11-06-00317-CR.

^[2]Cause No. 11-06-00318-CR.

^[3]Cause No. 11-06-00319-CR is affirmed this same day in a separate opinion.

^[4]Former Article 42.12, section 5(b) provided:

On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 21 of this article.  The defendant is entitled to a hearing limited to the determination by the  court of whether it proceeds with an adjudication of guilt on the original charge.  No appeal may be taken from this determination (emphasis added).