Opinion
No. 14-03-00921-CR
Opinion filed October 25, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 338th District Court, Harris County, Texas, Trial Court Cause No. 743,877. Affirmed.
Panel consists of Justices EDELMAN, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
Eugene Jackson appeals a conviction for aggravated sexual assault of a child on the grounds that: (1) he was not properly admonished regarding the requirement to register as a sex offender; and (2) his right of confrontation was violated. We affirm. Appellant's first issue argues that he was not properly admonished regarding the requirement to register as a sex offender. However, a defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding only in appeals taken when the community supervision is first imposed. Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999). An appeal filed after community supervision is revoked is untimely as to such issues and must be dismissed for want of jurisdiction. Id. at 660. In this case, because appellant's appeal was not filed until after his community supervision was revoked, it is untimely regarding issues arising from his original plea proceeding. Therefore, appellant's first issue is dismissed for lack of jurisdiction. Appellant's second issue contends that his confrontation rights were violated when, at some point during the adjudication proceeding, the judge read the contents of a sealed envelope that had been in the court's file, then returned it to the file. Appellant asserts that neither he nor the State was given "the opportunity to learn or discover those contents." A complaint may be presented for appellate review only if the record shows a timely, specific request, objection, or motion and a ruling on it by the trial court. TEX. R. APP. P. 33.1(a). In this case, the record does not reflect that appellant made any such request or objection with regard to the envelope allegedly viewed by the trial court. Under these circumstances, appellant's second issue presents nothing for our review. Accordingly, it is overruled, and the judgment of the trial court is affirmed.
In 1998, appellant entered a guilty plea and was placed on deferred adjudication community supervision. In 2003, the State filed a motion to adjudicate, appellant entered a plea of true to the State's allegations, and appellant was convicted and sentenced by the trial court to forty years imprisonment.
There is no dispute that appellant was not admonished regarding this registration, as appellant's plea occurred in 1998 and this admonishment requirement was not enacted and effective until 1999. See Act of June 19, 1999, 76th Leg., R.S., ch. 1415, § 1, 1999 Tex. Gen. Laws 4832 (current version at TEX. CODE CRIM. PROC. ANN. art. 26.13 (Vernon Supp. 2004-05).