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Williams v. State

Court of Criminal Appeals of Texas
Oct 24, 2001
58 S.W.3d 137 (Tex. Crim. App. 2001)

Summary

holding that in an appeal from the revocation of community supervision, the appellant may challenge "a jurisdictional issue, but not the voluntariness of the guilty plea"

Summary of this case from Stubbs v. State

Opinion

No. 697-01.

October 24, 2001.

Appeal from the 396th District Court, Tarrant, County, George William Gallagher, Judge.

Greg Westfall, Fort Worth, for Appellant.

Sharon Johnson, Asst. DA, Fort Worth, Matthew Paul, State's Atty., Austin, for Appellee.


OPINION


Appellant pleaded guilty to aggravated assault and was placed on deferred adjudication community supervision, pursuant to a plea agreement. Several months later, the trial court adjudicated Appellant's guilt and sentenced him to confinement for ten years. Appellant filed a general notice of appeal. The Court of Appeals inquired about the issues Appellant would be raising under the general notice of appeal in this appeal from the adjudication of guilt and assessment of punishment. Appellant argued he could raise jurisdictional issues and an issue about the voluntariness of the guilty plea. The Court of Appeals dismissed the appeal for lack of jurisdiction. Williams v. State, 44 S.W.3d 145 (Tex.App.-Fort Worth 2001). The court held that Appellant could not raise those issues on appeal because the notice of appeal did not comply with Tex.R.App.P. 25.2(b)(3) and because those issues involved the original deferred adjudication proceeding, which could not be raised in the appeal from the adjudication of guilt. Id. Appellant has filed a petition for discretionary review complaining of the Court of Appeals' holdings.

We recently reconsidered the applicability of Rule 25.2(b)(3) to appeals from the adjudication of guilt. Vidaurri v. State, 49 S.W.3d 880 (Tex.Crim.App. No. 151-99, delivered June 20, 2001). We also recently reconsidered the appealability of certain matters involving the original deferred adjudication proceeding in an appeal from the adjudication of guilt. Nix v. State, ___ S.W.3d ___ (Tex.Crim.App. No. 793-00, delivered June 27, 2001). In Nix we held that an appellant in that situation may appeal a jurisdictional issue, but not the voluntariness of the guilty plea.

The Court of Appeals did not have the benefit of these recent decisions when it issued its opinion. We grant grounds one and three of Appellant's PDR and remand this case to the Court of Appeals for reconsideration in light of Vidaurri and Nix.


Summaries of

Williams v. State

Court of Criminal Appeals of Texas
Oct 24, 2001
58 S.W.3d 137 (Tex. Crim. App. 2001)

holding that in an appeal from the revocation of community supervision, the appellant may challenge "a jurisdictional issue, but not the voluntariness of the guilty plea"

Summary of this case from Stubbs v. State
Case details for

Williams v. State

Case Details

Full title:L.K. WILLIAMS, Appellant, v. THE STATE OF TEXAS

Court:Court of Criminal Appeals of Texas

Date published: Oct 24, 2001

Citations

58 S.W.3d 137 (Tex. Crim. App. 2001)

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Upon appellant's petition for discretionary review, the court of criminal appeals reversed this court's…

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