Opinion
No. 05-07-00488-CR
Opinion Filed December 20, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F03-34175-JP.
Before Justices, FITZGERALD, LANG-MIERS, and MAZZANT. Opinion By Justice Lang-Miers.
OPINION
Jose David Ramos waived a jury and pleaded guilty to aggravated sexual assault of a child younger than fourteen years. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $1000 fine. The State later moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. The trial court granted the motion, adjudicated appellant guilty, and assessed punishment at fifteen years' imprisonment. In two points of error, appellant contends his plea of true was involuntary and the trial court abused its discretion in not withdrawing appellant's plea of true and sua sponte entering a plea of not true. Appellant's complaint challenges the trial court's decision to adjudicate guilt, which is not permitted. See Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App. 1992); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). Accordingly, we dismiss the appeal for want of jurisdiction.
Prior to June 15, 2007, no appeal could be taken from the trial court's determination to adjudicate guilt. See Act of May 7, 1975, 64th Leg., R.S., ch. 231, § 1, 1975 Tex. Gen. Laws 572, 572-73, amended by Act of May 28, 2007, 80th Leg., R.S., ch. 1308, § 5, 2007 Tex. Gen. Laws 4404, 4405 (amendments between 1975 and 2007 not included). Complaints could be raised regarding issues unrelated to the adjudication of guilt. See Hargesheimer v. State, 182 S.W.3d 906, 911 (Tex.Crim.App. 2006). Effective June 15, 2007, article 42.12, section 5(b) was amended to provide for appellate review of the decision to adjudicate guilt in the same manner as the revocation of regular community supervision under article 42.12, section 21. See Act of May 28, 2007, 80th Leg., R.S., ch. 1308, § 5, 2007 Tex. Gen. Laws 4404, 4405. Appellant was adjudicated guilty before the effective date of the amendment; therefore, the amendment to article 42.12, section 5(b) does not apply to his appeal. See Act of May 28, 2007, 80th Leg., R.S., ch. 1308, § 53, 2007 Tex. Gen. Laws 4404, 4421.