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Clarke v. State

Court of Appeals of Texas, Second District, Fort Worth
Nov 24, 2004
No. 2-04-091-CR (Tex. App. Nov. 24, 2004)

Opinion

No. 2-04-091-CR

Delivered: November 24, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 396th District Court of Tarrant County.

Gwinda L. Burns, Law Offices of Gwinda L. Burns, Ft. Worth, TX, for Appellant. Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Asst. Crim. Dist. Atty., Chief of the Appellate Section, Michael R. Casillas and Dawn D. Rhoden, Asst. Crim. Dist. Attys., for Appellee.

Panel B: McCOY, LIVINGSTON, and GARDNER, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


On April 14, 2000, pursuant to a plea bargain, appellant Modada Clarke pleaded guilty to the offense of aggravated sexual assault of a child under fourteen years of age. Following the plea bargain agreement, the trial court deferred adjudication and placed appellant on eight years' community supervision. On January 29, 2004, the State petitioned to proceed to adjudication and revoke appellant's community supervision. Appellant pleaded true regarding a number of the violations alleged by the State. The trial court revoked appellant's community supervision, adjudicated him guilty, and sentenced him to eight years' imprisonment. In his sole point on appeal, appellant challenges the legal sufficiency of the evidence to support the trial court's judgment revoking his community supervision. Article 42.12, section 5 of the Texas Code of Criminal Procedure prohibits an appellant from raising error in the adjudication of guilt process. Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004-05); Connolly v. State, 983 S.W.2d 738, 740-41 (Tex.Crim.App. 1999). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 43.2(f).


Summaries of

Clarke v. State

Court of Appeals of Texas, Second District, Fort Worth
Nov 24, 2004
No. 2-04-091-CR (Tex. App. Nov. 24, 2004)
Case details for

Clarke v. State

Case Details

Full title:MODADA CLARKE Appellant v. THE STATE OF TEXAS State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 24, 2004

Citations

No. 2-04-091-CR (Tex. App. Nov. 24, 2004)