Court of Criminal Appeals of Texas, 1983

Contreras v. State

Contreras v. State
Court of Criminal Appeals of Texas · Decided February 9, 1983 · Campbell
645 S.W.2d 298; 1983 Tex. Crim. App. LEXIS 921 (South Western Reporter, Second Series)
Contreras v. State

Cases that cite this one

19 later published cases cite this decision.

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Opinion

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

This cause is before us on appellant’s petition for discretionary review, the Court of Appeals having affirmed his conviction for aggravated assault after a Motion to Proceed to Adjudication was found to be true by the trial court.

However, in Williams v. State, 592 S.W.2d 931 (Tex.Cr.App. 1979), we held that under the terms of Article 42.12, § 3d(b), V.A.C.C.P., no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge. See Wright v. State, 592 S.W.2d 604 (Tex.Cr.App. 1980) and Daniels v. State, 615 S.W.2d 771 (Tex.Cr.App. 1981). Accordingly, the purported appeal should have never been entertained by the Court of Appeals. Therefore, appellant’s petition for discretionary review is refused.

It is so ordered.

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