Summary
refusing petition for discretionary review with summary statement that court of appeals did not have jurisdiction over the appeal, grounds for appeal not revealed in the opinion
Summary of this case from Hogans v. StateOpinion
No. 1006-82.
February 9, 1983.
Appeal from 203rd Judicial District Court, Dallas County, Thomas B. Thorpe, J.
John R. Martinez, Gustavo E. Gonzales, Dallas, for appellant.
Henry Wade, Dist. Atty., Molly Meredith and James T. Jacks, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
This cause is before us on appellant's petition for discretionary review, the Court of Appeals having affirmed his conviction for aggravated assault after a Motion to Proceed to Adjudication was found to be true by the trial court.
However, in Williams v. State, 592 S.W.2d 931 (Tex.Cr.App. 1979), we held that under the terms of Article 42.12, § 3d(b), V.A.C.C.P., no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge. See Wright v. State, 592 S.W.2d 604 (Tex.Cr.App. 1980) and Daniels v. State, 615 S.W.2d 771 (Tex.Cr.App. 1981). Accordingly, the purported appeal should have never been entertained by the Court of Appeals. Therefore, appellant's petition for discretionary review is refused.
It is so ordered.