Opinion
No. 06-04-00154-CR
Submitted: March 31, 2005.
Decided: April 1, 2005. DO NOT PUBLISH.
On Appeal from the 115th Judicial District Court, Marion County, Texas, Trial Court No. F12703.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Nikisha Shonte Neal appeals the trial court's decision to adjudicate her guilt and sentence her to five years' imprisonment for the offense of aggravated assault. In her brief to this Court, Neal contends the trial court abused its discretion by finding true the allegations in the State's "Motion To Adjudicate Guilt" and revoking her community supervision. Neal does not raise any issues that are relevant to any stage of the proceedings following the trial court's decision to adjudicate her guilt. "A defendant may not appeal the trial court's determination to adjudicate an original offense on violation of community supervision." Brown v. State, 79 S.W.3d 140, 141 (Tex.App.-Texarkana 2002, no pet.); see Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004-2005). "The plain meaning of Article 42.12, § 5(b), is that an appellant whose deferred adjudication community supervision has been revoked and who has been adjudicated guilty of the original charge, may not raise on appeal contentions of error in the adjudication of guilt process." Brown, 79 S.W.3d at 141 (citing Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App. 1999)). Neal's sole point of error challenges whether the trial court abused its discretion by adjudicating her guilt and revoking her community supervision. Such a challenge is not cognizable on direct appeal given the procedural history of this case. We, therefore, may not consider this contention of error.
We affirm the trial court's judgment.
See Tex. Pen. Code Ann. § 22.02 (Vernon Supp. 2004-2005).
"On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant . . . 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. No appeal may be taken from this determination." Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (emphasis added).