Summary
dismissing appeal of judgment revoking community supervision and adjudication of guilty for want of jurisdiction
Summary of this case from In re WilsonOpinion
No. 13-05-280-CR
Delivered: August 30, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On appeal from the 117th District Court of Nueces County, Texas.
Before Justices Garza, Benavides, and Wittig.
Retired Justice Don Wittig assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to section 74.003 of the government code. See Tex. Gov't. Code Ann. § 74.003 (Vernon 2005).
MEMORANDUM OPINION
Appellant pled guilty to aggravated assault on September 6, 2002. The trial court deferred an adjudication of guilt, placed appellant on community supervision for three years, and imposed a suspended fine of $500.00. On February 10, 2003, the State filed a motion to revoke community supervision. After a hearing on the motion, the trial court revoked appellant's community supervision, adjudicated appellant guilty of the offense, and imposed a sentence of twenty years' confinement in prison. This confinement was ordered to run concurrently with appellant's sentence for murder as discussed in a companion appeal, Wilson v. State, No. 13-05-0279-CR, handed down this same date. Appellant filed a notice of appeal. At the hearing on the motion to revoke, appellant pled "not true." The trial court took judicial notice of the evidence presented in the companion murder case. Appellant presented no evidence but argued, inter alia, that it would be unfortunate if the companion capital murder case were overturned after he was adjudicated. Consistent with this argument, appellant filed a single brief on both the companion capital murder case and this appeal of the adjudication. In his brief, he attacked four aspects of the companion murder case.