Opinion
No. 05-03-00605-CR
Opinion Filed November 26, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 195th Judicial District Court Dallas County, Texas, Trial Court Cause No. F01-50907-VN.
Before Chief Justice THOMAS and Justices FRANCIS and LANG.
OPINION
Robert Dewayne Richardson waived a jury trial and entered a negotiated guilty plea to assault-family violence, second conviction. See Tex. Pen. Code Ann. § 22.01(a), (b)(2) (Vernon Supp. 2004). Pursuant to the plea bargain agreement, the trial court deferred adjudicating guilt, placed appellant on two years community supervision, and assessed a $2000 fine. Subsequently, the State moved to adjudicate guilt, alleging appellant violated the terms of his probation. The trial court found the allegations true, adjudicated appellant guilty, and sentenced him to two years imprisonment. In a single point of error, appellant contends the trial court erred by not admonishing him that counsel had ten days to prepare for the hearing. The State responds appellant may not appeal the trial court's decision to adjudicate guilt. We agree with the State. Appellant characterizes his complaint as a challenge to an alleged error by the trial court at a "revocation" hearing. However, appellant is actually challenging the trial court's determination to adjudicate guilt. Such a challenge is not permitted. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). Thus, we do not have jurisdiction to address appellant's complaint. We dismiss the appeal for want of jurisdiction.