Paul Santos Marquez v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION
No. 04-03-00490-CR
Paul Santos MARQUEZ,
Appellant
v.
STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 839,066
Honorable Monica Guerrero, Judge Presiding

Opinion by: Paul W. Green, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 22, 2004

DISMISSED IN PART FOR LACK OF JURISDICTION AND AFFIRMED IN PART

Appellant, Paul Santos Marquez, appeals from the trial court's judgment revoking his deferred adjudication community supervision and adjudicating guilt on a charge of assault with bodily injury-family. Pursuant to a plea bargain, Marquez pled true to violating a condition of his community supervision and was sentenced to 120 days plus a fine and court costs, to be served concurrently with an unrelated conviction. After giving credit for time served and money paid, the trial court found Marquez had satisfied the sentence in this case. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion. See Tex. R. App. P. 47.4.

1. In his first issue, Marquez asserts the evidence was insufficient for the trial court to revoke his community supervision. We have no jurisdiction to review the trial court's decision to proceed with adjudication of guilt. See Tex. Code Crim. Proc. Ann. art. 42.12 5(b) (Vernon 2003); Connolly v. State, 983 S.W.2d 738, 740 (Tex. Crim. App. 1999). We dismiss Marquez's first issue for lack of jurisdiction.

2. In his second issue, Marquez alleges the trial court erred by failing to timely file the Certification of Defendant's Rights of Appeal. (1) Although the certification should be part of the record when notice of appeal is filed, it may be added to the record by timely amendment or supplementation. See Tex. R. App. P. 25.2(d). (2) Further, the filing of the certification after Marquez filed his notice of appeal did not affect Marquez's right of appeal. We overrule his second issue. See Tex. R. App. P. 44.2(b) (error that does not affect substantial rights must be disregarded).

We dismiss appellant's first issue for lack of jurisdiction and overrule the second issue. We affirm the judgment of the trial court.

Paul W. Green, Justice

Do Not Publish

1. Although article 42.12 5(b) does not allow a party to appeal the trial court's decision to proceed with adjudication of guilt, it does authorize appeals of post-adjudication proceedings. Olowosuko v. State, 826 S.W.2d 940, 942 (Tex. Crim. App. 1992).

2. Marquez's notice of appeal was filed on June 26, 2003, and the certification was added to the clerk's record by supplementation on July 18, 2003.