Hargrave v. State

*360OPINION ON MOTION FOR REHEARING

In our original opinion, citing Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992), we held that we had no jurisdiction to consider appellant’s claim that his plea of “true” to the allegations of the State’s motion to adjudicate guilt was involuntary. On rehearing in appellate cause no. 01-97-01438-CR, appellant argues that Phynes is not applicable because he is attacking the voluntariness of his plea to the allegations of the State’s motion to adjudicate guilt, not the sufficiency of the evidence adduced at the hearing on the motion to adjudicate. Appellant…