Opinion
No. 05-05-00048-CR
Opinion Filed September 12, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 382nd Judicial District Court, Rockwall County, Texas, Trial Court Cause No. 2-03-452. Dismiss.
Before Justices FITZGERALD, LANG-MIERS, and MAZZANT.
OPINION
Beatrice Benavidez waived a jury trial and entered a negotiated guilty plea to securing execution of document by deception. See Tex. Pen. Code Ann. § 32.46(a)(1), (b)(4) (Vernon Supp. 2004-05). Pursuant to the plea agreement, the trial court deferred adjudicating guilt, placed appellant on three years' community supervision, and assessed a $500 fine. Subsequently, the State moved to adjudicate guilt, alleging appellant violated the terms of her probation. The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at twelve months in a state jail facility. In a single issue, appellant contends the judgment adjudicating guilt is void. For the reasons stated below, we dismiss the appeal. Appellant contends the judgment adjudicating guilt is void and may be collaterally attacked because there was no evidence presented at either the original plea or adjudication hearing. The State responds that appellant has waived her right to complain and appellant does not meet the void judgment exception because her guilty plea constituted some evidence of guilt. For a judgment to be void, the record must show a complete lack of evidence to support the conviction, not merely insufficient evidence. See Nix v. State, 65 S.W.3d 664, 673 (Tex.Crim.App. 2001). Appellant's guilty plea constitutes some evidence. See id. Therefore, appellant's complaint does not raise the void judgment exception and appellant may not now challenge the sufficiency of the evidence to support her guilty plea. See Manuel v. State, 994 S.W.2d 658, 661 (Tex.Crim.App. 1999). Nor may appellant challenge the trial court's decision to adjudicate guilt. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004-05); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). Because there is no complaint before us over which we have jurisdiction, we dismiss the appeal.