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615 S.W.2d 771

Daniels v. State

Court of Criminal Appeals of Texas

Decided May 20, 1981

Court of Criminal Appeals of Texas · decided 1981-05-20

Key passage — most relied on by later courts

“On violation of a condition of probation imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 8 of this Article. The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. No appeal may be taken from this determination. After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of probation, and defendant's appeal continue as if the adjudication of guilt had not been deferred.”

quoted by 2 later decisions, including Homan v. Hughes, Ballard v. State

Relies on Williams v. State · Wright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-20

How this case has been cited

Cited by 21 later decisions — most recently September 2008

21 state decisions

140198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1OPINION

TOM G. DAVIS, Judge.

¶2Appeal is taken from an order revoking probation.

¶3On April 1, 1977, appellant pled guilty to a charge of burglary of a building. After hearing the evidence, and finding that it substantiated appellant’s guilt, the court deferred further proceedings without entering an adjudication of guilt, and placed appellant on probation for a period of four years.

¶4On April 18, 1980, the State filed a motion to proceed with an adjudication of guilt. The trial court then revoked appellant’s probation and entered an adjudication of guilt after finding that he had violated the conditions of his probation by committing an offense, failing to report to his probation officer, failing to pay the probation fee, and by failing to make restitution. On July 1, 1980, appellant’s punishment was assessed at four years.

¶5In this purported appeal, appellant contends the court abused its discretion in revoking his probation in that the evidence is insufficient to support the court’s order finding the above violations.

¶6Art. 42.12, Sec. 3d(b), supra, provides in part:

“On violation of a condition of probation imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 8 of this Article. The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. No appeal may be taken from this determination.... ”

¶7In Williams v. State, Tex.Cr.App., 592 S.W.2d 931, we held that under the terms of the above statute, 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, Tex.Cr.App., 592 S.W.2d 604. Accordingly, appellant’s contention is not reviewable.

¶8The judgment is affirmed.

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