Opinion
No. 14-03-00897-CR
Memorandum Opinion filed October 7, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 183rd District Court, Harris County, Texas, Trial Court Cause No. 761,122. Dismissed.
Panel consists of Justices YATES, EDELMAN, and GUZMAN.
MEMORANDUM OPINION
Keith Lashone Hogans appeals a conviction for aggravated assault with a deadly weapon on the ground that he received ineffective assistance of counsel during the hearing on the State's motion to adjudicate guilt. We dismiss for lack of jurisdiction. No appeal may be taken from a trial court's determination to proceed with adjudicating guilt on the original charge following a violation of the terms of a deferred adjudication community supervision, even for a claim of ineffective assistance of counsel. Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App. 1992). An appeal may only be taken from the proceedings occurring after the adjudication of guilt, such as assessment of punishment. In this case, because appellant's appeal complains of matters occurring during the adjudication of guilt proceeding, rather than any subsequent proceeding, we have no jurisdiction over it. Accordingly, the appeal is dismissed for lack of jurisdiction.
Appellant entered a nolo contendere plea, and the trial court deferred an adjudication of guilt and placed him on community supervision. After subsequently granting the State's motion to revoke the deferred adjudication, the trial court sentenced appellant to five years confinement.
TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (Vernon Supp. 2005); Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App. 1999).