Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Benjamin P. Johnson appeals from a judgment adjudicating him guilty of aggravated sexual assault. He contends that 1. the state “failed to prove that the person in court was the person who engaged in the conduct alleged in the Third Amended Motion to Proceed with Adjudication of Guilt and was the same person placed on deferred adjudication;” and 2. the trial court erred in admitting “Hearsay Evidence” in finding that appellant had violated his probation. The appellant originally pleaded guilty to the indictment charging him with aggravated sexual assault. The trial court deferred the adjudication of his guilt for the crime and instead placed him on community supervision for 10 years. Subsequently, the state moved to adjudicate his guilt. The trial court granted the motion, adjudicated appellant guilty of the assault, and assessed a sentence of 25 years in prison. HOLDING:Dismissed for want of jurisdiction. In questioning whether the state presented sufficient evidence illustrating that appellant 1. was the person whose adjudication of guilt was originally deferred; and 2. violated the terms of his community supervision, appellant implicitly attacks the decision to adjudicate his guilt. This is so because whether the trial court had before it the right defendant and whether that defendant did something to warrant the denial of further community supervision are clearly part of the court’s decision to proceed with an adjudication of that person’s guilt. Because the court has no jurisdiction over appeals involving the “determination by the [trial] court of whether it proceeds with an adjudication of guilt on the original charge,” Texas Code of Criminal Procedure Article 42.12 5(b), and that has been construed to mean error arising in the adjudication of guilt process, Connolly v. State, 983 S.W.2d 738 (Tex. Crim. App. 1999), the court dismisses the appeal. OPINION:Quinn, J.; Quinn, Reavis and Campbell, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.