Glenn Earl Smallwood v. Fleetwood Tranportation Services, Inc.--Appeal from 217th District Court of Angelina County

State: Texas

Court: Texas Northern District Court

Docket No: 12-08-00071-CV

Case Date: 03/05/2008

Plaintiff: Michael Albert Perrissi

Defendant: The State of Texas--Appeal from County Court at Law No 2 of Jefferson County

Preview:Melvin Edward Ray, Jr. v. The State of Texas--Appeal from 29th District Court of Palo Pinto County
Opinion filed November 30, 2006 Opinion filed November 30, 2006 In The Eleventh Court of Appeals ____________ No. 11-06-00133-CR __________ MELVIN EDWARD RAY, JR., Appellant V. STATE OF TEXAS, Appellee On Appeal from the 29th District Court Palo Pinto County, Texas Trial Court Cause No. 12899 OPINION This is an appeal from the adjudication of Melvin Edward Ray, Jr.=s guilt of the offense of aggravated robbery. We dismiss the appeal.

Appellant originally entered a plea of guilty. On January 20, 2006, the trial court deferred the adjudication of guilt, placed appellant on community supervision for ten years, and assessed a $4,000 fine. On March 8, 2006, the State filed a motion to adjudicate alleging that appellant had committed six violations of his community supervision, including committing another aggravated robbery. After a hearing, the trial court found that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated appellant=s guilt, and imposed a sentence of confinement for fifty years and a $4,000 fine. In his sole point of error, appellant contends that the trial court abused its discretion when it found that appellant had violated the terms and conditions of his community supervision and proceeded to adjudicate his guilt. Tex. Code Crim. Proc. Ann. art. 42.12, ' 5(b) (Vernon Supp. 2006) precludes an appeal challenging the trial court=s determination to proceed with the adjudication of guilt. Davisv. State, 195 S.W.3d 708, 709 (Tex. Crim. App. 2006); Hargesheimer v. State, 182 S.W.3d 906, 909 (Tex. Crim. App. 2006); Hogans v. State, 176 S.W.3d 829, 831 (Tex. Crim. App. 2005); Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992). Therefore, this point is dismissed for want of jurisdiction. The appeal is dismissed.

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PER CURIAM November 30, 2006 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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