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Brown v. State

An appellant whose deferred adjudication community supervision has been revoked and who has been adjudicated guilty of the original charge may not raise on appeal contentions of error in the adjudication of guilt process.

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OPINION

Phillip W. Brown appeals the revocation of his community supervision, alleging ineffective assistance of counsel. In September of 1997, pursuant to a plea bargaining agreement, Brown pleaded guilty to the charge of aggravated assault with a deadly weapon, for which the court deferred adjudication of guilt and placed him on community supervision for ten years. In June of 2001, the State moved to proceed with the adjudication of guilt, alleging that Brown had violated the terms and conditions of his community supervision. At the hearing on the motion to adjudicate, the trial court found Brown guilty of violating his supervision terms. It then adjudged him guilty of the original charge of aggravated assault with a deadly weapon and sentenced him to ten years’ confinement.

A defendant may not appeal the trial court’s determination to adjudicate an original offense on violation of community supervision. Tex. Code Crim. Proc. Ann. art. 42.12, � 5(b) (Vernon Supp. 2002) provides as follows:

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