Court of Criminal Appeals of Texas

Thomas J. Davis, Appellant v. the State of Texas

June 28, 20062006 Tex. Crim. App. LEXIS 1283

Summary

The Court of Criminal Appeals held that Texas Code of Criminal Procedure Article 42.12 §5(b) bars any appeal of a trial court's determination to adjudicate guilt, including jurisdictional claims such as a denial of counsel at a supervision‑extension hearing. Accordingly, the Court reversed the Court of Appeals and affirmed the trial court's adjudication. A concurring opinion noted that the claim may still be raised in a post‑conviction habeas petition.