From Casetext: Smarter Legal Research

McCaghren v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 3, 2004
Nos. 05-03-01658-CR, 05-03-01659-CR, 05-03-01660-CR, 05-03-01661-CR (Tex. App. Aug. 3, 2004)

Opinion

Nos. 05-03-01658-CR, 05-03-01659-CR, 05-03-01660-CR, 05-03-01661-CR

Opinion filed August 3, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause Nos. F93-42366-J, F94-00115-J, F94-00116-J, F94-00117-J. Dismissed.

Before Chief Justice THOMAS and Justices, O'NEILL and LANG-MIERS.


MEMORANDUM OPINION


Richard Neal McCaghren was convicted of three aggravated sexual assault of a child offenses and one indecency with a child offense. See Tex. Pen. Code Ann. §§ 21.11, 22.021 (Vernon 2003 Supp. 2004). Punishment was assessed at twelve years confinement for each aggravated sexual assault and ten years confinement for the indecency with a child. In one point of error, appellant complains his guilty pleas were involuntary because the trial court erroneously admonished him about his rights to appeal if probation was revoked. We dismiss the appeals for want of jurisdiction. At the time appellant pleaded guilty and was placed on community supervision, the trial court admonished appellant that he would regain his right to appeal if the probation was ever revoked. Appellant contends this improper admonishment renders his original guilty pleas involuntary and, if enforced, violates due process. The State responds that the appeals are untimely and should be dismissed for want of jurisdiction. Generally an appeal from an order revoking community supervision is limited to the propriety of the revocation order and does not include an attack on the original conviction. See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App. 1990) overruled in part on other grounds by Gollihar v. State, 46 S.W.3d 243 (Tex.Crim.App. 2001). Moreover, 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 (Tex.Crim.App. 1999). Appellant was required to raise his voluntariness complaints within thirty days of the date he was placed on community supervision. See Tex.R.App.P. 26.2(a)(1). Because appellant's challenge to the voluntariness of his guilty pleas is untimely, we are without jurisdiction to address his complaint. See Manuel 994 S.W.2d at 662; Christian v. State, 865 S.W.2d 198, 201 (Tex. App.-Dallas 1993, pet. ref'd). We dismiss the appeals for want of jurisdiction.


Summaries of

McCaghren v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 3, 2004
Nos. 05-03-01658-CR, 05-03-01659-CR, 05-03-01660-CR, 05-03-01661-CR (Tex. App. Aug. 3, 2004)
Case details for

McCaghren v. State

Case Details

Full title:RICHARD NEAL McCAGHREN, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 3, 2004

Citations

Nos. 05-03-01658-CR, 05-03-01659-CR, 05-03-01660-CR, 05-03-01661-CR (Tex. App. Aug. 3, 2004)