Bruce v. State

I respectfully dissent to the majority’s dismissing this appeal for want of jurisdiction.

It is unclear’ whether the court of criminal appeals interprets rule 25.2(b)(3) of the rules of appellate procedure1 as restricting article 42.12, section 5(b) of the code of criminal procedure.2 This court has held that article 42.12, section 5(b) is indeed so restricted.3

Article 42.12, section 5(b) provides that, although a defendant may not appeal from the trial court’s determination to adjudicate guilt, “[ajfter an adjudication of guilt, all proceedings, including assessment of punishment,…