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Click here for the full text of this decision FACTS:Appellant pleaded guilty to engaging in organized criminal activity and was placed on deferred adjudication community supervision. The trial court later revoked his community supervision, adjudicated him guilty, and sentenced him to confinement for 20 years in the institutional division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal. The trial court certified that this was not a plea bargain case and the defendant had the right to appeal. The court of appeals dismissed the appeal for want of jurisdiction. HOLDING:The judgment of the court of appeals is vacated and remanded. The court of appeals held that the issue raised by appellant, cruel and unusual punishment, is an issue relating to the conviction, and thus is outside the scope of the right of appeal under Vidaurri v. State, 49 S.W.3d 880 (Tex. Crim. App. 2001) and Woods v. State, 68 S.W.3d 667 (Tex. Crim. App. 2002). The court of appeals dismissed the appeal for want of jurisdiction. In Hargesheimer v. State, ___ S.W.3d ___ (Tex. Crim. App. No. PD-1610-04, delivered Jan. 18, 2006), the court addressed the relationship between Texas Rule of Appellate Procedure 25.2(a)(2) and Texas Code of Criminal Procedure Article 42.12, �5(b). The court held that when a defendant appeals from an adjudication proceeding under Article 42.12, �5(b), Rule 25.2(a)(2) will not restrict appeal; although the court also noted that Art. 42.12, �5(b) will still prohibit the appeal of the trial court’s decision to adjudicate guilt. The court of appeals in the instant case did not have the benefit of Hargesheimer. OPINION:Per curiam; en banc.

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