Luther James Thomas v. The State of Texas--Appeal from 177th District Court of Harris County

MEMORANDUM OPINION
No. 04-03-00110-CR
Luther James THOMAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 177th Judicial District Court, Harris County, Texas
Trial Court No. 9404164
Honorable Carol Davies, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: January 14, 2004

DISMISSED FOR LACK OF JURISDICTION

Luther James Thomas appeals the trial court's order revoking his "regular" probation and sentencing him to seven years confinement. In accordance with an earlier plea bargain agreement, Thomas pled guilty and was placed on seven years "regular" probation.

The sole issue raised on appeal is that trial counsel was ineffective in initially allowing Thomas to plead guilty pursuant to a plea bargain agreement, thereby making Thomas's plea involuntary. We do not have jurisdiction to consider this issue. The only exception to the prohibition against attacking the original conviction on revocation of regular probation is the void judgment exception. Jordan v. State, 54 S.W.3d 783, 785 (Tex. Crim. App. 2001); Guillory v. State, 99 S.W.3d 735, 738 (Tex. App.--Houston [1st Dist.] 2003, pet. ref'd). A judgment is void only in very rare situations, and an involuntary plea does not constitute one of those rare situations. Jordan, 54 S.W.3d at 785. This court does not have jurisdiction to consider complaints about the voluntariness of the prior plea of guilty or complaints of ineffective assistance of counsel at the plea proceeding in an appeal from an order revoking probation. Jordan, 54 S.W.3d at 785; Guillory, 99 S.W.3d at 738. Although Thomas may not challenge these issues on direct appeal, Thomas is free to raise any cognizable habeas corpus claims in a post-conviction writ of habeas corpus. Jordan, 54 S.W.3d at 787 n.18.

Because we do not have jurisdiction to consider the sole issue raised on appeal, we dismiss the appeal for lack of jurisdiction.

Alma L. L pez, Chief Justice

DO NOT PUBLISH