DocketNumber： 10-01-00094-CR
Filed Date： 10/31/2001
Status： Precedential
Modified Date： 9/10/2015
IN THE
TENTH COURT OF APPEALS
No. 10-01-094-CR
BRIAN IKE HART,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court # 25017CR
MEMORANDUM OPINION
Brian Ike Hart pleaded guilty to aggravated robbery. The court placed him on deferred adjudication community supervision in accordance with the State’s plea recommendation. The State filed a motion to proceed with an adjudication of his guilt about five months later. After a hearing, the court adjudicated Hart’s guilt and sentenced him to fifteen years’ imprisonment.
In Hart’s sole issue, he challenges the court’s admission of certain evidence “during the adjudication stage of the hearing.” However, a defendant cannot challenge the court’s decision to proceed with an adjudication of guilt by direct appeal. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2001); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992); Rodriquez v. State, 972 S.W.2d 135, 137 (Tex. App.—Texarkana 1998), aff’d, 992 S.W.2d 483 (Tex. Crim. App. 1999). Thus, Hart cannot “raise on appeal contentions of error in the adjudication of guilt process.” Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999).
Because article 42.12, section 5(b) bars Hart from raising the issue presented in a direct appeal, we dismiss the appeal. See Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992); Hargrave v. State, 10 S.W.3d 355, 357 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d).
PER CURIAM
Before Chief Justice Davis
Justice Vance and
Justice Gray
Appeal dismissed
Opinion delivered and filed October 31, 2001
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[CR25]
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ROBERT M. CAMPBELL
Justice (Sitting by Assignment)
Before Chief Justice Davis,
Justice Vance and
Justice Campbell (Sitting by Assignment)
Affirmed
Opinion delivered and filed March 29, 2000
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