Anthony Villa Puente v. State of Texas--Appeal from 82nd District Court of Falls County

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State: Texas

Court: Texas Northern District Court

Docket No: 10-00-00252-CR

Case Date: 08/08/2001

Plaintiff: Anthony Villa Puente

Defendant: State of Texas--Appeal from 82nd District Court of Falls County

Preview:Anthony Villa Puente v. State of Texas--Appeal from 82nd District Court of Falls County
IN THE TENTH COURT OF APPEALS

No. 10-00-252-CR

ANTHONY VILLA PUENTE, Appellant v.

THE STATE OF TEXAS, Appellee

From the 82nd District Court Falls County, Texas Trial Court # 7262 OPINION With a plea agreement, Anthony Villa Puente pled guilty to a three-count indictment that joined two misdemeanor offenses and one felony offense. // On December 15, 1998, he was placed on deferred adjudication community supervision for four years by an order which recited all three offenses. He did not appeal; in fact, he waived the right to appeal by a written waiver. On March 30, 2000, the State moved to proceed with adjudication, alleging that he violated the terms of the community supervision order. On May 10, Puente filed a Motion to Terminate Deferred Adjudication, asserting that the court lacked jurisdiction over the misdemeanor offenses, that the maximum period of community supervision for misdemeanors is two years, and that his motion was timely because subject-matter jurisdiction can be raised at any time. On May 25, the court signed an order retaining jurisdiction over the felony and severing the misdemeanors. On the same day, after a hearing, the court adjudicated Puente's guilt and sentenced him to two years confinement in a State Jail Facility. Puente filed two separate appeals with separate briefs. The first appeal challenged his convictions on the basis that the plea bargain was void because the court had no jurisdiction over the misdemeanor charges. See Tex. Code Crim. Proc. Ann. art. 4.05 (Vernon Supp. 2001). On May 22, 2001, we issued an opinion on the first appeal. Puente v. State, No.
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10-00-203-CR, 2001 WL 549015 (Tex. App. Waco May 22, 2001, pet. filed). In the opinion, we concluded that because the court did not have jurisdiction over two misdemeanors alleged in the indictment, the order granting deferred adjudication and imposing community supervision, based in part on those two offenses, is void. Id. at *3. Thus, we held that the court had no legal basis on which to revoke community supervision, adjudicate Puente's guilt, and sentence him. Id. Now on Puente s second appeal he challenges the trial court s ruling denying his Motion to Terminate Deferred Adjudication. Because we held in our prior opinion that the order granting deferred adjudication and imposing community supervision was void, this appeal is moot. We dismiss the appeal.

PER CURIAM

Before Chief Justice Davis, Justice Vance, and Justice Gray Appeal dismissed Opinion delivered and filed August 8, 2001 Do not publish

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