Allen Claude Edwards v. The State of Texas Appeal from 291st Judicial District Court of Dallas County (memorandum opinion )
Annotate this Case
Download PDF
DISMISS; and Opinion Filed August 3, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00035-CR ALLEN CLAUDE EDWARDS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F15-53085-U MEMORANDUM OPINION Before Justices Francis, Fillmore, and Schenck Opinion by Justice Schenck Allen Claude Edwards appeals his conviction for aggravated assault with a deadly weapon. In a single issue, appellant contends the evidence is insufficient to support the trial court’s affirmative finding of a deadly weapon. We dismiss the appeal. Appellant waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a knife, and involving family violence. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2014 & Supp. 2015). Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on five years’ community supervision, and assessed a $2,000 fine. The trial court also made affirmative deadly weapon and family violence findings. The State later moved to adjudicate guilt, alleging appellant violated the conditions of his community supervision, including having contact with the complainant. During a hearing on the motion, appellant pleaded true to all of the allegations. The trial court found the allegations true and adjudicated appellant guilty of aggravated assault with a deadly weapon and involving family violence. The trial court sentenced appellant to four years’ imprisonment. Appellant contends the trial court abused its discretion by entering an affirmative deadly weapon finding in the judgment because the complainant suffered no injuries that could be associated with the knife. Appellant argues there was no evidence presented on the properties of the knife or its capacity to cause bodily injury, serious bodily injury, or death. The State responds that the evidence was sufficient to support the trial court’s affirmative finding of a deadly weapon. A defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding only in appeals taken when deferred adjudication community supervision is first imposed. Manuel v. State, 994 S.W.2d 658, 661–62 (Tex. Crim. App. 1999). Appellant cannot wait until he is adjudicated to bring this issue. See Clark v. State, 997 S.W.2d 365, 368–69 (Tex. App.—Dallas 1999, no pet.). Because it is too late for appellant to raise any complaint about the deadly weapon finding, we lack jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47 160035F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ALLEN CLAUDE EDWARDS, Appellant No. 05-16-00035-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-53085-U. Opinion delivered by Justice Schenck. Justices Francis and Fillmore participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 3rd day of August, 2016. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
