Wier v. State
Wier v. State
Opinion of the Court
Pleading “True” to the State’s allegation of the violation of a condition of probation, which was granted when the trial court deferred adjudication of his guilt upon his plea of guilty to the offense of indecency with a child, appellant James Matthew Wier
Appealing, appellant charges the trial court with an abuse of discretion “by revoking [his] probation when [he] offered uncon-tradicted expert testimony recommending a specific treatment plan which would minimize the chance of [his] reoffending, stating that [he] was not a threat to the community, and that [he] would not benefit at all by going to the penitentiary.” He recognizes that no appeal may be taken from the court’s determination to proceed with an adjudication of guilt on the original charge. Tex.Code Crim. Proc.Ann. art. 42.12, § 5(b) (Vernon Supp. 1996); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Cr.App. 1992). However, citing Gilbert v. State, 852 S.W.2d 623, 625 (Tex.Cr.App. 1993), for the ruling that the prohibition does not preclude challenges to all rulings the court may potentially make in the course of a deferred adjudication proceeding, appellant submits that we have jurisdiction to entertain his appeal as it relates to the trial court’s determination as.to punishment. We are not in accord.
It is immediately obvious that in faulting the trial court for revoking his probation— ie., in not continuing his probation as he asked, and produced evidence in the attempt to persuade, the court to do — appellant is only challenging the court’s determination to proceed with an adjudication of guilt. As appellant recognizes, he is not authorized to appeal for that purpose. Article 42.12, § 5(b), supra; Olowosuko v. State, 826 S.W.2d at 942.
Still, appellant proposes that he is not appealing from the court’s determination to proceed with an adjudication of guilt, but is appealing from the portion of the proceeding applicable to punishment. In this connec
Accordingly, the appeal is dismissed.
. Although the judgment shows appellant’s surname as “Weir,” all other documents, including the indictment, reflect that his surname is "Wier.”
. In this light, we do not accept the State's concession that we have jurisdiction to entertain the appeal as it relates to punishment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.