Collins v. State

OPINION

WALKER, Chief Justice.

The record before us reflects that appellant was placed on what is commonly referred to as deferred adjudication probation on August 23, 1993, in the following three felony cases: Possession of a Controlled Substance (61143), Delivery of a Controlled Substance (63822), and Possession of a Controlled Substance (63823). Thereafter, the State filed motions to revoke appellant’s unadjudicated probation in each case. A hearing was held on the State’s allegations and the trial court found said allegations true; adjudicated appellant guilty in all three cases, and sentenced appellant to confinement in the Institutional Division of the Texas Department of Criminal Justice for terms of ten (10) years in cause numbers 61143 and 63823, and for a term of fifty (50) years in cause number 63822. Appellant’s single point of error to this Court reads, “The trial court abused its discretion by denying appellant’s request for continuance.”

Tex.Code Crim.Proc.Ann. art. 42.12, sec. 5(b) (Vernon Supp.1995), provides that upon a motion to adjudicate unadjudicated probation, “[t]he 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.” Except for the issue of voluntariness as to the original plea of guilty or nolo contendere, there is no right of appeal from a proceeding to adjudicate guilt. Phynes v. State, 828 S.W.2d 1 (Tex.Crim.App.1992); Olowosuko v. State, 826 S.W.2d 940 (Tex.Crim.App.1992). Appellant’s appeal is dismissed.

APPEAL DISMISSED.