Collins v. State

I respectfully dissent to the majority’s dismissal based upon Tex.Code Crim.Proc.Ann. art. 42.12, § 5(b) (Vernon 1979 & Supp.1995). In Olowosuko v. State, 826 S.W.2d 940, 941 (Tex.Crim.App.1992), the court stated: “Therefore, an appellate court must sort out various rulings a trial court may make in the course of a deferred adjudication proceeding to determine those which the Legislature provided a right to appeal.” See also McNew v. State, 608 S.W.2d 166, 173 n. 10 (Tex.Crim.App.[Panel Op.] 1978).

Several courts of appeal have followed this and allowed appeals of certain issues. Gilbert v.…