Cody Ray Walker v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
______________________
NO. 09-06-457 CR
______________________
CODY RAY WALKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 87934
MEMORANDUM OPINION

Pursuant to a plea bargain agreement, Cody Ray Walker pled guilty to aggravated sexual assault of a child. The trial court found the evidence sufficient to find Walker guilty of aggravated sexual assault of a child. The court deferred adjudication of guilt, placed Walker on community supervision for ten years, and assessed a $1000 fine.

The State filed a motion to revoke Walker's unadjudicated community supervision. Walker pled "true" to the alleged violations of the terms of his community supervision. The court found that Walker violated the conditions of his community supervision, found Walker guilty of aggravated sexual assault of a child, and assessed punishment at forty-five years of confinement in the Texas Department of Criminal Justice, Institutional Division.

In a single issue, Walker argues that during the plea hearing, the trial court failed to give admonishments as to the range of punishment. See Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2006). Alternatively, Walker argues that the trial court erred by finding that he entered his guilty plea voluntarily, by failing to accept his guilty plea, and by failing to state that it intended to follow the plea agreement.

Article 42.12, section 5(b) of the Texas Code of Criminal Procedure provides that if a defendant violates a condition of deferred adjudication community supervision, he is entitled to a hearing limited to the court's determination of whether it proceeds with an adjudication of guilt on the original charge. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon 2006). After the trial court adjudicates guilt, all proceedings, including the assessment of punishment, the pronouncement of sentence, the granting of community supervision, and the defendant's appeal continue as if the adjudication of guilt had not been deferred. Id. 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).

Walker did not timely appeal the trial court's order placing him on deferred adjudication community supervision. He may not raise issues in this appeal regarding the sufficiency of the trial court's admonishments during the original plea proceeding, the voluntariness of his guilty plea, or the trial court's acceptance of his plea and the plea agreement. See id. We do not have jurisdiction to consider this appeal. Issue one is overruled. The judgment is affirmed.

AFFIRMED.

_________________________________

DAVID GAULTNEY

Justice

 

Submitted on July 19, 2007

Opinion Delivered October 10, 2007

Do Not Publish

 

Before Gaultney, Kreger, and Horton, JJ.