Appealing After Being Placed on Deferred Adjudication Community Supervision
In Manuel v. State, the court of criminal appeals held that a defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding only in appeals when deferred adjudication community supervision is first imposed. Manuel v. State, 994 S.W.2d 658, 661-662 (Tex.Crim.App. 1999). See also Hanson v. State, 11 S.W.3d 285, 287-288 (Tex.App.-Houston[14th Dist.] 1999, no pet. h.); Clark v. State, 997 S.W.2d 365, 368 (Tex.App.-Dallas 1999, no pet. h.).
Therefore, appellant's motion for new trial was untimely filed long after thirty days from the date of the judgment entered on December 11, 1997.
Appellant's out-of-time motion for new trial was null and void, and the trial court had no jurisdiction to consider it. Beathard v. State, 767 S.W.2d 423, 432 (Tex.Crim.App. 1989).
The trial court did not err in refusing to hear evidence relating to appellant's attack on the original plea proceedings because the trial court had no jurisdiction over the untimely motion for new trial. See Port v. State, 798 S.W.2d 839, 847 (Tex.App.-Austin 1990, pet. ref'd).