Steve Mack Williams v. State of Texas--Appeal from 339th District Court of Harris County

No. 04-00-00412-CR
Steve Mack WILLIAMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 339th District Court of Harris County, Texas
Trial Court No. 757819
Honorable Caprice Cosper, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: September 5, 2001

DISMISSED FOR LACK OF JURISDICTION

This is an appeal of Steve Mack Williams' felony conviction of delivery of a controlled substance. Williams failed to comply with the appellate rule requiring a timely notice of appeal. Therefore, we dismiss his appeal.

Facts

Williams entered a plea of guilty to delivery of a controlled substance without an agreed recommendation from the State regarding punishment. The trial court found that the evidence substantiated guilt. Williams filed a motion with the trial court requesting deferred adjudication. In exchange for receiving deferred adjudication, Williams agreed to seven years probation which included fine repayment, boot camp, community service and compliance with Texas laws. The trial court found Williams guilty of violating a condition of his probation, proceeded to adjudication and sentenced him to ten years in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Williams asserts three claims. First, Williams claims his deferred adjudication violated the due process clause of the United States Constitution. Second, he also argues that his deferred adjudication violated Article 1, Section 19 of the Texas Constitution. Third, Williams claims that deferred adjudication violates the Thirteenth Amendment of the United States Constitution.

Discussion

Williams' challenge to the constitutionality of deferred adjudication must be dismissed. The Texas Court of Criminal Appeals has held that "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). As Williams' complaint addresses his deferred adjudication, he was required to appeal within thirty days after he was placed on probation, which was July 15, 1997. See Manuel, 994 S.W.2d at 660. Williams filed a notice of appeal on April 11, 2000. Because Williams did not appeal as required within thirty days after the court ordered deferred adjudication, all points of error are dismissed for lack of jurisdiction.

Conclusion

We dismiss Williams' appeal for lack of jurisdiction.

Karen Angelini, Justice

DO NOT PUBLISH