Fernando Smith v. State

OPINION

TOM GRAY, Chief Justice

Fernando Smith pled guilty to the offense of Assault by Occlusion. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2)(B) (West 2011). The trial court deferred a finding of guilt and placed Smith on deferred adjudication community supervision for five years. Ultimately, the trial court adjudicated Smith guilty and sentenced him to prison for five years. Five months later, the trial court granted Smith’s motion for “shock probation” and returned Smith to community supervision for two years. After reviewing the record and case law, we dismiss this appeal for want of…