Opinion
No. 05-07-00443-CR
Opinion Filed March 4, 2008. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F02-49812-UIK.
Before Justices MORRIS, FITZGERALD, and LANG.
MEMORANDUM OPINION
Darron Dewayne Seaberry waived a jury and pleaded guilty to robbery. Pursuant to a plea agreement, the trial court assessed punishment at ten years' imprisonment, probated for five years, and the trial court included a finding in the judgment that appellant used or exhibited a deadly weapon during the commission of the offense. The State later moved to revoke appellant's community supervision, alleging appellant violated the terms of his community supervision. The trial court found the allegations true, revoked appellant's community supervision, and assessed punishment at eight years' imprisonment. This judgment contained no deadly weapon finding. In a single issue, appellant contends the trial court's judgment from the original plea proceeding incorrectly reflects a deadly weapon finding and should be reformed. For the reasons stated below, we dismiss this appeal. Appellant was sentenced to ten years in prison and placed on five years' community supervision on November 8, 2002. The trial court revoked appellant's community supervision and sentenced him to eight years' imprisonment on April 4, 2007. Appellant's complaint that the original judgment suspending his sentence erroneously includes a deadly weapon finding should have been raised within thirty days after his sentence was suspended in open court. See Tex. R. App. P. 26.2(a)(1). Moreover, the judgment on appeal revoked the earlier judgment containing the deadly weapon finding, and the judgment on appeal contains no deadly weapon finding. Thus, the sole issue appellant raises on appeal is moot. As we do not have jurisdiction to address appellant's complaint, we dismiss the appeal for want of jurisdiction. See Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999); State v. Curl, 28 S.W.3d 838, 841 (Tex.App.-Corpus Christi 2000, no pet.).