Opinion
No. 05-05-00961-CR
Opinion Filed March 14, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F97-01934-PN. Dismiss.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
OPINION
Antional Damond Myles waived a jury trial and pleaded guilty to theft of property valued at $20,000 or more but less than $100,000. The trial court deferred adjudicating appellant's guilt, placed him on ten years' community supervision, and assessed a $300 fine. The State later moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. Appellant pleaded not true to the allegations in a hearing on the motion. The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at ten years' imprisonment. In a single issue, appellant contends the trial court abused its discretion and violated his due process rights by revoking his probation. We dismiss the appeal for want of jurisdiction. Appellant argues the State failed to show by a preponderance of the evidence that he had committed any new offenses; thus, the trial court erred in revoking his probation and sentencing him to the penitentiary. Appellant's claim challenges the trial court's decision to adjudicate guilt. Such a complaint is not permitted. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2005); Hogans v. State, 176 S.W.3d 829, 834 (Tex.Crim.App. 2005). Therefore, we do not have jurisdiction over appellant's issue. We dismiss the appeal for want of jurisdiction.