Harold Lynn Freeman v. The State of Texas--Appeal from 27th District Court of Bell County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-198-CR
HAROLD LYNN FREEMAN,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 40,271, HONORABLE JOE CARROLL, JUDGE PRESIDING

PER CURIAM

Appellant pleaded guilty to an indictment accusing him of aggravated assault. Tex. Penal Code Ann. 22.02 (West 1989 & Supp. 1992). The district court found that the evidence substantiated appellant's guilt, deferred further proceedings without entering an adjudication of guilt, and placed appellant on probation. At a later hearing on the State's motion to revoke, appellant stipulated to two violations of the conditions of probation. The court revoked appellant's probation, adjudged him guilty, and assessed punishment at imprisonment for three years.

In his only point of error, appellant contends the district court erred by not continuing him on probation. No appeal may be taken from the decision to proceed to adjudication. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (West Supp. 1992). Therefore, we construe this point of error as contending that the court should have granted him "regular" probation after adjudicating him guilty. This contention is without merit, as the decision to grant probation was within the absolute discretion of the trial court. Nelson v. State, 573 S.W.2d 9, 12 (Tex. Crim. App. 1978). The point of error is overruled.

The judgment of conviction is affirmed.

 

[Before Justices Powers, Aboussie, and B. A. Smith]

Affirmed

Filed: October 7, 1992

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