Hogans v. State

OPINION

in which PRICE, WOMACK, KEASLER, HERVEY and HOLCOMB, JJ., joined.

In this case we hold that a court of appeals has jurisdiction to consider the merits of a claim that temporally arises before the act of adjudication if the claim *831directly and distinctly relates to punishment rather than to the decision to adjudicate.1 However, because appellant raised a claim of ineffective assistance of counsel that relates to the decision to adjudicate, it was properly dismissed on jurisdictional grounds by the court of appeals.2

I

Appellant was originally charged with the felony offense of aggravated…