Dale L. Vaughn v. State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-01-00259-CR

Dale L. VAUGHN,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 1996-CR-2680

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 6, 2001

DISMISSED FOR LACK OF JURISDICTION

On December 23, 1996, pursuant to a plea bargain agreement, appellant pled guilty to the offense of aggravated sexual assault of a child younger than fourteen years of age, and the trial court placed him on ten years' deferred adjudication community supervision. On February 19, 1998, the State filed a motion to revoke appellant's probation and to enter an adjudication of guilt, alleging appellant had violated certain conditions of his community supervision. On March 24, 1998, appellant pled true to the allegations in the motion, and the trial court adjudicated him guilty of the offense and assessed punishment at ten years' confinement and a $1,000 fine.

On February 23, 2001, appellant filed a petition for writ of mandamus with this court, complaining about the special plea of double jeopardy filed in his criminal case and alleging the trial court did not have jurisdiction over his criminal case and all judgments should be dismissed. On March 30, 2001, this court denied the petition. See In re Dale Vaughn; No. 04-01-00154-CV (Tex. App.--San Antonio Mar. 30, 2001, no pet.) (not designated for publication), 2001 WL 303324.

On April 16, 2001, appellant filed a notice of appeal, stating "notice of appeal is hereby given on the denial of the pretrial written special plea of double jeopardy . . . ."

On May 16, 2001, this court ordered appellant to show cause why this appeal should not be dismissed for want of jurisdiction. In its order, this court stated, "It is not clear to this court whether appellant is appealing from his adjudication of guilt or from the denial of his petition for writ of mandamus. If appellant is complaining about his adjudication of guilt, the appeal is not timely. See Tex. R. App. P. 26.2. If he is complaining about the denial of his petition for writ of mandamus, an appeal in this court is not appropriate. See Tex. R. App. P. 52.1, 52.3(d)(5)." On May 29, 2001, appellant's counsel responded, stating, "he is unable to show cause from the record why this appeal should not be dismissed for want of jurisdiction." Accordingly, this appeal is dismissed for lack of jurisdiction. See also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07).

PER CURIAM

DO NOT PUBLISH