Opinion
No. 05-03-00589-CR
Opinion filed November 26, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 363rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F95-21774-W.
Before Justices MOSELEY, FITZGERALD, and LANG.
OPINION
Gary Lynn Eddlemon appeals his conviction for burglary of a habitation. See Tex. Pen. Code Ann. § 30.02 (Vernon 2003). In 1995, appellant waived a jury trial and entered a non-negotiated guilty plea to the charge and pleaded true to two enhancement paragraphs. The trial court deferred adjudicating guilt and placed appellant on ten years community supervision. Almost eight years later in 2003, the State moved to adjudicate guilt, alleging appellant violated the terms of his probation. Appellant pleaded true to the allegations in a hearing on the motion. The trial court found the allegations true, adjudicated appellant guilty and found the enhancement paragraphs true, and sentenced appellant to twenty-five years' confinement. In a single point of error, appellant contends his guilty plea was involuntary because the trial court admonished him on the punishment range without consideration of the enhancement paragraphs. The State responds that appellant did not timely appeal the trial court's order placing him on deferred adjudication probation. We agree with the State. A defendant placed on deferred adjudication probation may raise issues relating to the original plea proceedings only in appeals taken when deferred adjudication probation is first imposed. See Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999). Appellant's challenge to the voluntariness of his guilty plea is untimely, leaving us without jurisdiction to address his complaint. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). Accordingly, we dismiss the appeal for want of jurisdiction.