IN THE

TENTH COURT OF APPEALS

No. 10-07-00300-CR

Michael D. Wells,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court No. 05-05-17920-CR

            Michael D. Wells pleaded “no contest” to indecency with a child and accepted a plea agreement of ten years deferred adjudication community supervision.  The trial court denied Wells’s subsequent request to withdraw his plea.  Nearly two years later, Wells re-urged this request when the State sought to revoke community supervision.  The trial court denied the request, revoked community supervision, and sentenced Wells to seven years in prison.  In three issues, Wells contends that his original plea should have been withdrawn because it was made under duress, without full understanding of the consequences, and undermined by new evidence.

However, “a defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding, such as evidentiary sufficiency, 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); see Arreola v. State, 207 S.W.3d 387, 389-90 (Tex. App.—Houston [1st Dist.] 2006, no pet.).  Wells did not appeal any issues related to his original plea at the time that community supervision was imposed.  We dismiss his three issues and affirm the trial court’s judgment.  See Emich v. State, 138 S.W.3d 398, 401 (Tex. App.—Waco 2004, no pet.).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed August 6, 2008

Do not publish

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