Daniels v. State
In Daniels v. State, 30 S.W.3d 407 (Tex. Crim. App. 2000), the trial court adjudicated the appellant guilty some four years after placing him on deferred adjudication community supervision.
On direct appeal from the adjudication of guilt, the appellant contended he was entitled to a reversal of the original order placing him on deferred adjudication solely because the statement of facts from the original deferred adjudication proceedings had been lost, precluding him from examining or challenging the voluntariness of his original plea or rulings on pretrial motions.
Under TEX. R. APP. P. 34.6(f)(3), an appellant is entitled to a new trial if a lost or destroyed part of a reporter's record is necessary to the appeal's resolution. In a 5-4 decision, the court held that such issues cannot be appealed, as they relate solely to the deferred adjudication proceedings, appealable at the time of such proceedings, and not to the adjudication judgment of the trial court.