Gregory Bryan Myers v. The State of Texas--Appeal from 185th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-07-00774-CR

Case Date: 12/18/2008

Plaintiff: Marvin Lee Alexander

Defendant: The State of Texas--Appeal from 174th District Court of Harris County

Preview:Dismissed and Memorandum Opinion filed September 10, 2009.

In The

Fourteenth Court of Appeals
____________ NO. 14-08-00456-CR ____________ MARVIN LEE ALEXANDER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1129388

MEMORANDUM OPINION
Appellant Marvin Lee Alexander, on September 20, 2007, pleaded guilty, without an agreed recommendation from the State, to possession of a controlled substance. The trial court deferred adjudication of guilt and placed Alexander on deferred-adjudication community supervision for five years. On October 30, 2007, the State filed a motion to adjudicate guilt. After a hearing, the trial court found Alexander guilty and assessed punishment at confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Alexander contends that his "guilty" plea to the

original charge was not made knowingly, intelligently, and voluntarily. Because we have no jurisdiction to consider the voluntariness of Alexander's original plea of guilty after the trial court has adjudicated his guilt, we dismiss for want of jurisdiction. A defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding, such as voluntariness, only in appeals taken when deferred adjudication is first imposed. Manuel v. State, 994 S.W.2d 658, 661

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