Ernest Green v. The State of Texas--Appeal from 252nd District Court of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-02-00281-CR

ERNEST GREEN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 252nd District Court

Jefferson County, Texas

Trial Court # 67350

MEMORANDUM OPINION

Ernest Green pleaded guilty to theft of property valued at $750 or more but less than $20,000. Green pleaded true to enhancement allegations, increasing the punishment range to that provided for an habitual offender. Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed Green on unadjudicated community supervision for ten years. The court subsequently adjudicated Green s guilt and sentenced him to twenty-five years imprisonment.

Green s sole issue challenges the sufficiency of the evidence to support the court s decision to adjudicate his guilt. Article 42.12, section 5(b) of the Code of Criminal Procedure prohibits Green from raising this issue on appeal. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2004); Williams v. State, 592 S.W.2d 931, 932-33 (Tex. Crim. App. [Panel Op. 1979); Atchison v. State, 124 S.W.3d 755, 757-58 (Tex. App. Austin 2003, pet. ref d). Thus, we dismiss Green s sole issue.

We affirm the judgment. See Williams, 592 S.W.2d at 933; Gray v. State, No. 10-02-00176-CR, slip op. at 2, 2004 Tex. App. LEXIS 2603, at *3 (Tex. App. Waco Mar. 17, 2004, no pet. h.).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Affirmed

Opinion delivered and filed April 21, 2004

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