Opinion
No. 05-02-01733-CR
Opinion issued June 27, 2003 Do Not Publish
On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F98-68107-UQ. DISMISSED
Before Chief Justice THOMAS AND Justices WHITTINGTON and RICHTER.
OPINION
Rene Pena Hernandez waived a jury trial and entered a negotiated nolo contendere plea to aggravated sexual assault of a child under fourteen years. See Tex. Pen. Code Ann. § 22.021 (Vernon 2003). Pursuant to the plea bargain agreement, the trial judge deferred adjudicating guilt, placed appellant on five years probation, and assessed a $500 fine. Subsequently, the trial judge granted the State's amended motion to proceed with adjudication of guilt, adjudicated appellant guilty, and sentenced him to thirty years' confinement. In a single point of error, appellant contends the trial court erred in allowing a court bailiff to testify after the rule to exclude witnesses from the courtroom had been invoked. The State responds this Court has no jurisdiction to address appellant's complaint. We agree with the State. When a defendant violates the terms or conditions of his deferred adjudication probation, he is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2003). No appeal may be taken from this determination. Id. Appellant's challenge is to the trial court's determination to proceed with adjudication of guilt. Such a challenge is not permitted. Thus, we do not have jurisdiction to address appellant's complaint. See id.; Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). We dismiss the appeal for want of jurisdiction.
The Texas Court of Criminal Appeals granted appellant an out-of-time appeal.