Nikisha Shonte Neal v. The State of Texas--Appeal from 115th District Court of Marion County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00154-CR

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NIKISHA SHONTE NEAL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 115th Judicial District Court

Marion County, Texas

Trial Court No. F12703

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Nikisha Shonte Neal appeals the trial court's decision to adjudicate her guilt and sentence her to five years' imprisonment for the offense of aggravated assault. // In her brief to this Court, Neal contends the trial court abused its discretion by finding true the allegations in the State's "Motion To Adjudicate Guilt" and revoking her community supervision. Neal does not raise any issues that are relevant to any stage of the proceedings following the trial court's decision to adjudicate her guilt.

"A defendant may not appeal the trial court's determination to adjudicate an original offense on violation of community supervision." Brown v. State, 79 S.W.3d 140, 141 (Tex. App. Texarkana 2002, no pet.); see Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2004 2005). // "The plain meaning of Article 42.12, 5(b), is that an appellant whose deferred adjudication community supervision has been revoked and who has been adjudicated guilty of the original charge, may not raise on appeal contentions of error in the adjudication of guilt process." Brown, 79 S.W.3d at 141 (citing Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999)). Neal's sole point of error challenges whether the trial court abused its discretion by adjudicating her guilt and revoking her community supervision. Such a challenge is not cognizable on direct appeal given the procedural history of this case. We, therefore, may not consider this contention of error.

We affirm the trial court's judgment.

Josh R. Morriss, III

Chief Justice

Date Submitted: March 31, 2005

Date Decided: April 1, 2005

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