Hooper v. State

Full title: TINA LYNN HOOPER, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Apr 5, 2006

No. 10-04-00348-CR (Tex. App. Apr. 5, 2006)

Opinion

No. 10-04-00348-CR

Opinion delivered and filed April 5, 2006. DO NOT PUBLISH.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court No. 2002-1246-C. Affirmed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Hooper attempts to appeal the revocation of her deferred-adjudication community supervision for forgery by check. See TEX. PENAL CODE ANN. § 32.21(a) (Vernon 2003); Act of May 29, 1993, 73d Leg., R.S., ch. 900, art. 1, § 1.01, sec. 32.21(d), 1993 Tex. Gen. Laws 3586, 3644 (amended 2003) (current version at Tex. Penal Code Ann. § 32.21(d) (Vernon Supp. 2005)); TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(a)-(b) (Vernon Supp. 2005). We affirm. In two issues, Hooper attempts to complain of the trial court's restitution order in Hooper's original guilty plea proceeding. "[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." Nix v. State, 65 S.W.3d 664, 667 (Tex.Crim.App. 2001) (quoting Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999)). We dismiss Hooper's issues. Having dismissed Hooper's issues, we affirm. See Emich v. State, 138 S.W.3d 398, 401 (Tex.App.-Waco 2004, no pet.) (mem. op.).