Opinion
No. 05-07-00462-CR, 05-07-00463-CR, 05-07-00464-CR, 05-07-00465-CR
Opinion Filed May 27, 2008. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 203rd Judicial District Court Dallas County, Texas, Trial Court Cause Nos. F04-35666-NP, F04-43278-TP, F04-32780-TP, F04-32781-TP.
Before Justices FITZGERALD, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
Jarrick Ryan Crowe waived a jury and pleaded guilty to two aggravated robbery and two robbery offenses. Pursuant to plea agreements, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $1,500 fine in each case. The State later moved to adjudicate guilt in each case. At a hearing, the trial court granted the motions, adjudicated appellant guilty, and assessed punishment at fifteen years' imprisonment in each case. In four points of error, appellant contends the trial court abused its discretion in revoking his community supervision in each case. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. Appellant argues the trial court abused its discretion in revoking his community supervision because the evidence was insufficient to show he committed a new offense and he proved his inability to pay costs and fees. Because appellant was adjudicated guilty before June 15, 2007, we have no jurisdiction to address the complanits. See Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). We dismiss appellant's four points of error. Because there are no issues before us over which we have jurisdiction, we dismiss the appeals.
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 4395, 4397 (intervening amendments 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 4395, 4397.