From Casetext: Smarter Legal Research

Roberts v. State

Court of Appeals of Texas, Waco
Jun 22, 2004
141 S.W.3d 685 (Tex. App. 2004)

Opinion

No. 10-04-00023-CR.

May 26, 2004. Rehearing Overruled June 22, 2004.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 2000-631-C.

Affirmed.

Walter M. Reaves Jr., West, for appellant.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Phillip Warren Roberts pleaded guilty to two counts of indecency with a child. Pursuant to a plea agreement, the court deferred an adjudication of guilt and placed Roberts on unadjudicated community supervision for ten years. The court subsequently adjudicated Roberts's guilt, sentenced him to twenty years' imprisonment on each count, and ordered the sentences to run consecutively.

Roberts contends in his sole issue that the court erred by adjudicating his guilt for violations which the court had considered in a prior hearing which resulted in a modification of the terms and conditions of his unadjudicated community supervision. This issue concerns the trial court's determination to proceed with an adjudication of guilt. Article 42.12, section 5(b) of the Code of Criminal Procedure prohibits Roberts from raising this issue on appeal. Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004); Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App. 1999); Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App. [Panel Op.]1979); Gray v. State, 134 S.W.3d 471, 472 (Tex.App.-Waco 2004, no pet. h.). Thus, we dismiss Roberts's sole issue.

We affirm the judgment. See Williams, 592 S.W.2d at 933; Gray, 134 S.W.3d at 472-73.

Chief Justice GRAY dissents.


Until the precedential value of Gray and Emich are established, I note my dissent to the affirmance of the trial court's judgment, which we have not reviewed, when dismissal is the proper disposition of this appeal. See Gray v. State, 134 S.W.3d 471 (Tex.App.-Waco 2004, no pet. h.) (Gray, C.J., dissenting); Emich v. State, 138 S.W.3d 398 (Tex.App.-Waco 2004, no pet. h.) (Gray, C.J., dissenting). Interestingly, the majority attempts to bolster its position that affirming the judgment is the proper disposition by citing the 1979 Court of Criminal Appeals opinion, Williams v. State. See Williams v. State, 592 S.W.2d 931 (Tex.Crim.App. 1979). The distinct difference between Williams and this case is that, in Williams, the Court of Criminal Appeals reviewed the record and found no reversible error. Id. at 933. In this case, we did not.

Dissent in Emich available under LEXIS cite for Gray.

Thus, I respectfully dissent.


Summaries of

Roberts v. State

Court of Appeals of Texas, Waco
Jun 22, 2004
141 S.W.3d 685 (Tex. App. 2004)
Case details for

Roberts v. State

Case Details

Full title:Phillip Warren ROBERTS, Appellant, v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Waco

Date published: Jun 22, 2004

Citations

141 S.W.3d 685 (Tex. App. 2004)

Citing Cases

Yaites v. State

Counsel concludes that Yaites's appeal presents no issues of arguable merit because an appeal of the court's…

Smith v. State

Accordingly, we dismiss Smith's first six points. See Roberts v. State, 141 S.W.3d 685, 685-86 (Tex.App.-Waco…