Revocation of Community Supervision Appeal In Texas

According to article 42.12 5(b) of the Texas Code of Criminal Procedure, defendants may not appeal the revocation of their community supervision. Tex. Crim. Proc. Code Ann. 5(b) (Vernon 1999). Upon revocation, the defendant is put in a position as if the adjudication of guilt had never been deferred. Although we have not received an appellant's brief in this case, presumably because of the absence of the reporter's record, if we are to assume that appellant will attack the revocation of his community supervision, we have no jurisdiction to hear such an attack. Even if we assume that appellant will attack his initial guilty plea entered on June 4, 1993, we still have no jurisdiction pursuant to Manuel v. State, 994 S.W.2d 658 (Tex.Crim.App. 1999). In Manuel, the Court of Criminal Appeals held that when a defendant is placed on deferred adjudication, he may only appeal issues relating to the original plea proceeding when the deferred adjudication is first imposed. Manuel, 994 S.W.2d at 661-62. Defendants may not wait to appeal until after the community supervision is revoked because that would controvert the legislature's intent in enacting article 44.01(j) of the Code of Criminal Procedure.Id.