Rodney Shepherd v. The State of Texas--Appeal from 204th District Court of Dallas County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-94-077-CR
RODNEY SHEPHERD,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 204th District Court
Dallas County, Texas
Trial Court # F94-00151-JQ
O P I N I O N
Appellant pled guilty to the offense of aggravated assault with a deadly weapon. The court followed a plea bargain agreement and granted deferred adjudication, placing him on three years probation and assessing a fine of $100. Appellant filed a general notice of appeal. His only point of error is that the court erred in failing to admonish him properly about the range of possible punishment if his probation were revoked.
Panels of the Dallas Court of Appeals have, in the past, held that the voluntariness of a plea could be challenged under a general notice of appeal. Soto v. State, 837 S.W.2d 401, 404 (Tex. App. Dallas 1992, no pet.); Walker v. State, 843 S.W.2d 716, 717 (Tex. App. Dallas 1992, pet. ref'd); see also, Miller v. State, 879 S.W.2d 336 (Tex. App. Houston [14th Dist.] 1994, no pet. h.). However, in an en banc decision earlier this year, the Dallas Court held that a "claim that a trial court did not give proper admonishments is a claim of trial error before entry of a plea" and that the Court does not have jurisdiction to consider a point of error of this nature. Penny v. State, 880 S.W.2d 59, 61 (Tex. App. Dallas 1994, no pet.).
Under the Penny decision, we have no jurisdiction in this case to consider Appellant's claim that he was not properly admonished. See id. at 61. The appeal is dismissed for want of jurisdiction.
BILL VANCE
Justice
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Dismissed for want of jurisdiction
Opinion delivered and filed September 28, 1994
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