Connolly v. State

In Connolly v. State, 983 S.W.2d 738 (Tex. Crim. App. 1999), appellant received deferred adjudication community supervision for five years. Id. at 739. Subsequently, and prior to the expiration of this period, the State filed a motion to revoke community supervision and proceed to judgment, alleging that appellant had violated several conditions of his supervision. Id. Four months after appellant's supervisory term expired, appellant was arrested. Id. At the revocation hearing, appellant moved to dismiss the State's motion to revoke and proceed to judgment, arguing that the State failed to use due diligence in apprehending him. Id. The trial court granted the State's motion to revoke and found that appellant violated the conditions of his community supervision as alleged. Id. On appeal, appellant argued that the record contained insufficient evidence to support the court's finding of due diligence on the part of the State. Id. The Connolly court held that, " given the plain meaning of Article 42.12, 5(b) of the Code of Criminal Procedure, an appellant whose deferred adjudication probation has been revoked and who has been adjudicated guilty of the original charge, may not raise on appeal contentions of error in the adjudication of guilt process." Id. at 741. The court then reasoned that because the due diligence issue "'is really in the nature of a plea in bar or defense,'" the trial court's finding on the issue was merely a part of its decision to revoke and proceed to judgment and was not appealable. Id.