Opinion
No. 05-03-00704-CR.
Opinion issued January 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F01-60373-R. Dismissed.
Before Justices WHITTINGTON, JAMES, and O'NEILL.
OPINION
Kevin Deimone Harris waived a jury trial, entered a negotiated guilty plea to aggravated assault, and pleaded true to two enhancement paragraphs. Pursuant to the plea agreement, the trial court deferred adjudicating guilt and placed appellant on ten years community supervision. The State later moved to adjudicate guilt, alleging appellant violated a condition of his probation. Appellant pleaded true to the allegation in a hearing on the motion. The trial court found the allegation true, adjudicated appellant guilty, found the enhancement paragraphs true, sentenced appellant to forty-five years' confinement, and made an affirmative finding that appellant used or exhibited a deadly weapon, a firearm, during the commission of the offense. In a single point of error, appellant contends he was denied his constitutional rights to effective assistance of counsel and due process of law at his original plea hearing because appellant's trial counsel was hired by the complainant, and the trial court did not inquire about this possible conflict of interest at trial. A defendant placed on deferred adjudication probation may raise issues relating to the original plea proceedings only in appeals taken when deferred adjudication probation is first imposed. See Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999). Appellant's challenge is untimely, leaving us without jurisdiction to address his complaint. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). Accordingly, we dismiss the appeal for want of jurisdiction.