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Ricardo Rodriguez v. State
Citation: Not availableDocket: 08-03-00464-CR
Court: Court of Appeals of Texas; August 12, 2004; Texas; State Appellate Court
Original Court Document: View Document
Ricardo Rodriguez appeals his conviction for aggravated assault with a deadly weapon. He initially entered a negotiated plea, resulting in deferred adjudication community supervision for three years and a $1,500 fine. The State later filed a motion to adjudicate guilt, citing Rodriguez's failure to pay fines and court costs, as well as a new assault allegation. Rodriguez admitted to the failure to pay but contested the assault claim. The trial court found both allegations true, adjudicated him guilty, and sentenced him to two years of imprisonment. In his appeal, Rodriguez argued that the trial court abused its discretion in revoking his community supervision due to insufficient evidence of a violation. However, the State contended that the appellate court lacked jurisdiction to consider this appeal. The court cited Article 42.12, section 5(b) of the Texas Code of Criminal Procedure, which states that no appeal may be taken from a trial court's decision to proceed with an adjudication of guilt. This provision has been supported by previous case law confirming that the trial court's decision in such matters is not subject to review. Consequently, the court dismissed the appeal for lack of jurisdiction.