DocketNumber: 10-07-00300-CR
Filed Date: 8/6/2008
Status: Precedential
Modified Date: 9/10/2015
IN THE
TENTH COURT OF APPEALS
No. 10-07-00300-CR
Michael D. Wells,
Appellant
v.
The State of Texas,
Appellee
From the 82nd District Court
Robertson County, Texas
Trial Court No. 05-05-17920-CR
MEMORANDUM Opinion
Michael D. Wells pleaded “no contest” to indecency with a child and accepted a plea agreement of ten years deferred adjudication community supervision. The trial court denied Wells’s subsequent request to withdraw his plea. Nearly two years later, Wells re-urged this request when the State sought to revoke community supervision. The trial court denied the request, revoked community supervision, and sentenced Wells to seven years in prison. In three issues, Wells contends that his original plea should have been withdrawn because it was made under duress, without full understanding of the consequences, and undermined by new evidence.
However, “a defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding, such as evidentiary sufficiency, only in appeals taken when deferred adjudication community supervision is first imposed.” Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999); see Arreola v. State, 207 S.W.3d 387, 389-90 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Wells did not appeal any issues related to his original plea at the time that community supervision was imposed. We dismiss his three issues and affirm the trial court’s judgment. See Emich v. State, 138 S.W.3d 398, 401 (Tex. App.—Waco 2004, no pet.).
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed August 6, 2008
Do not publish
[CR25]