Raul Antuna v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00313-CR

Raul ANTUNA,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 95-CR-0710

Honorable Mary Roman, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: February 7, 2001

DISMISSED FOR LACK OF JURISDICTION

Appellant pled guilty to aggravated robbery pursuant to a plea agreement. The trial court deferred adjudication and placed appellant on community supervision. In August 1998, the State filed a motion to revoke probation, and a capias issued. In April 2000, appellant turned himself in to the authorities. Appellant filed a motion to dismiss, alleging the State did not exercise due diligence in arresting him. Following a hearing, the trial court denied the motion and sentenced appellant to five years confinement. In a single issue on appeal, appellant complains the State did not prove it exercised due diligence.

An appellant whose deferred adjudication probation has been revoked and who has been adjudicated guilty of the original charge may not raise on appeal contentions of error in the adjudication of guilt process. Tex. Code Crim. Proc. Ann. art. 42.12 5 (Vernon Supp. 2000); (1) Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999); Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). The district court's decision on the due diligence issue was merely a part of its decision to revoke and proceed to judgment, and no appeal lies from that decision. Connolly, 983 S.W.2d at 741.

Because we are without jurisdiction to consider appellant's appeal, we dismiss for lack of jurisdiction. Tex. R. App. P. 43.2(f).

Tom Rickhoff, Justice

DO NOT PUBLISH

1. "On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 21 of this article. The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. No appeal may be taken from this determination." Tex. Code Crim. Proc. Ann. art. 42.12 5 (Vernon Supp. 2000).