Opinion
No. 05-03-00984-CR
November 26, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 380th Judicial District Court, Collin County Texas, Trial Court Cause No. 380-80185-01.
Before Justices WHITTINGTON, JAMES, and O'NEILL.
OPINION
Michael Joe Sheperd waived a jury trial and entered a non-negotiated guilty plea to possession of methamphetamine in an amount of four grams or more but less than 200 grams. See Tex. Health Safety Code Ann. § 481.115(a), (d) (Vernon 2003). The trial court deferred adjudicating appellant's guilt and placed him on five years community supervision. Subsequently, the State moved to adjudicate guilt, alleging appellant violated the terms of his community supervision. At a hearing on the motion, appellant pleaded true to the allegations. The trial court found the allegations true, adjudicated appellant guilty, and sentenced him to ten years confinement. In a single point of error, appellant contends the State did not disclose the evidence against him at the revocation hearing and appellant never waived his constitutional due process right to disclosure of the evidence. The State responds appellant may not challenge the trial court's decision to adjudicate guilt, and, in the alternative, appellant has not preserved his claim for appellate review. Appellant's complaint challenges the sufficiency of the evidence to support adjudication of guilt. This challenge to the trial court's determination to adjudicate guilt 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.