Daniels v. State
| Decision Date | 11 October 2000 |
| Parties | (Tex.Crim.App. 2000) FREDERICK DANIELS, Appellant v. THE STATE OF TEXAS NO. 1612-99 |
| Court | Texas Court of Criminal Appeals |
McCormick, P.J., delivered the opinion of the Court in which Mansfield, Keller, Womack and Keasler, JJ., joined; Johnson, J., filled a dissenting opinion in which Meyers, Price and Holland, JJ., joined.
When a defendant's deferred adjudication "probation" for a felony offense is revoked and he is adjudicated guilty of that offense and he wants to raise appellate issues relating to the original deferred adjudication proceeding, can that defendant obtain an appellate reversal of his conviction and a new trial because the reporter's record from the original deferred adjudication proceeding has been lost?
The trial court adjudicated appellant guilty of an aggravated robbery felony offense four years after appellant had been placed on deferred adjudication "probation" for that offense. On direct appeal, appellant claimed that he was entitled to a reversal of his aggravated robbery conviction and a new trial solely because the reporter's record from the original deferred adjudication proceeding was lost. Appellant claimed that the lost reporter's record from the original deferred adjudication proceeding prevented him from "examining or challenging the voluntariness of his original plea or any rulings on pretrial motions."
The Court of Appeals decided it had no jurisdiction over appellant's lost reporter's record claim because appellant had to appeal any issues relating to the original deferred adjudication proceeding at the time he was placed on deferred adjudication. We exercised our discretionary authority to review this decision.
Our appellate rules provide that a defendant is entitled to a reversal of his conviction and a new trial if, among other things, a lost or destroyed reporter's record is "necessary to the appeal's resolution." See Tex.R.App.Proc. 34.6(f)(3). In Manuel v. State, we decided that a defendant placed on deferred adjudication has to appeal issues relating to the original deferred adjudication proceeding when deferred adjudication is first imposed. Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Cr.App. 1999); see also Sankey v. State, 3 S.W.3d 43, 45 (Tex.Cr.App. 1999).
Pursuant to Manuel, the reporter's record from the original deferred adjudication proceeding is not necessary to this appeal's resolution since appellant cannot now appeal any issues relating to the original deferred adjudication proceeding. The Court of Appeals, therefore, correctly decided that it had no jurisdiction over appellant's lost reporter's record claim.
The judgment of the Court of Appeals is affirmed.
DISSENTING OPINION
This court held in Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999), that a defendant must raise issues "relating to the original plea proceeding, including evidentiary sufficiency," in an appeal taken when deferred-adjudication community supervision is first imposed. The appellant in Manuel raised a claim of insufficiency, a non-jurisdictional issue. Here,...
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...v. State, 561 S.W.2d 492, 494 (Tex.Crim.App.1978). See Manuel, 994 S.W.2d at 661 (citing Whetstone and Traylor). 8. In Daniels v. State, 30 S.W.3d 407 (Tex. Crim.App.2000), we stated that the reporter's record from the original deferred adjudication proceeding was not necessary to the appea......
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...raising a claim concerning the voluntariness of his plea following revocation of his deferred-adjudication status. Daniels v. State, 30 S.W.3d 407 (Tex. Crim. App. 2000). This, despite the fact that Manuel was specifically premised on equating "regular" community supervision with deferred a......
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...post-adjudication appeal when the appellate complaint relates to the original deferred adjudication proceeding. Daniels v. State, 30 S.W.3d 407, 408 (Tex. Crim. App. 2000). In Daniels, the appellant argued that the loss of the reporter's record prevented him from examining or challenging th......
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Ramirez v. State
... ... We draw support for our unwillingness to infer the ability to appeal a double jeopardy issue after the granting of a motion to adjudicate from a recent Court of Criminal Appeals opinion. See Daniels v. State, No. 30 S.W.3d 407 (Tex. Crim. App. 2000). In Daniels, the defendant attempted to gain a new trial after the granting of a motion to adjudicate because the record of the imposition of deferred adjudication had been lost. The Court of Criminal Appeals held that "[p]ursuant to Manuel, the ... ...
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Intoxication Offenses and Punishment
...of the original plea in an appeal from an order revoking probation and adjudicating a defendant guilty. [ Daniels v. State , 30 S.W.3d 407 (Tex. Crim. App. 2000).] Although Daniels is a deferred adjudication case, the court’s reasoning appears to apply equally to regular probation. [ Alvare......
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Intoxication Offenses and Punishment
...of the original plea in an appeal from an order revoking probation and adjudicating a defendant guilty. [ Daniels v. State , 30 S.W.3d 407 (Tex. Crim. App. 2000).] Although Daniels is a deferred adjudication case, the court’s reasoning appears to apply equally to regular probation. [ Alvare......
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Intoxication Offenses and Punishment
...of the original plea in an appeal from an order revoking probation and adjudicating a defendant guilty. [ Daniels v. State , 30 S.W.3d 407 (Tex. Crim. App. 2000).] Although Daniels is a deferred adjudication case, the court’s reasoning appears to apply equally to regular probation. [ Alvare......
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Table of cases
...v. State , 154 S.W.3d 616 (Tex.Crim.App. 2005), §11:101 Daniel v. State , 550 S.W.2d 72 (Tex.Crim.App. 1977), §11:102 Daniels v. State , 30 S.W.3d 407 (Tex.Cr.App. 2000), §14:122 Davila v. State , 2005 WL 2090889, *1 (Tex.App.—Corpus Christi Aug. 31, 2005), §14:122 Davis v. State , 897 S.W.......