Top citers, strongest first. 50 distinct citers.
discussed
Cited as authority (verbatim quote)
Joseph Neriz v. State
Tex. App. · 2005 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Javier De La Rosa v. State
Tex. App. · 2005 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Adrian Luis Fierro v. State
Tex. App. · 2005 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Lenard Zane Carson, Sr. v. State
Tex. App. · 2005 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . . .
discussed
Cited as authority (verbatim quote)
Steve Kotlarich v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable by this court
discussed
Cited as authority (verbatim quote)
Alfonso Aguirre-Melero v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Steve Kotlarich v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable by this court
discussed
Cited as authority (verbatim quote)
Steve Kotlarich v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable by this court
discussed
Cited as authority (verbatim quote)
Cedric Eugene Rowe v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Alberto Isassi v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
David Renteria v. State
Tex. App. · 2003 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable . . .
discussed
Cited as authority (verbatim quote)
Fernando Garcia v. State
Tex. App. · 2001 · quote attribution · 1 verbatim quote
· confidence high
the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable by this court
discussed
Cited as authority (quoted)
Tommy Nathaniel Taylor v. the State of Texas
Tex. App. · 2024 · quote attribution · 1 verbatim quote
· confidence low
he statute clearly provides that the trial court's decision to proceed with an adjudication of guilt is one of absolute discretion and not reviewable. . . .
discussed
Cited as authority (rule)
LA VENTANA RANCH OWNERS'ASS'N v. Davis
Tex. App. · 2012 · confidence medium
See In re Pirelli Tire, L.L.C., 247 S.W.3d 670 , 683 & n. 14 (Tex.2007) (Willett, J., concurring) (citing statute foreclosing appellate review of certain decisions as example of legislature granting "absolute discretion" to trial courts); Lucas v. United States, 757 S.W.2d 687, 718 (Tex.1988) (Phillips, C.J., dissenting) (characterizing decision left to "absolute discretion" of legislature as a choice free from "judicial re-evaluation"); Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979) (describing trial court's decision to proceed with adjudication of guilt as "one of absolute discre…
discussed
Cited as authority (rule)
Barry Michael Smith, Jr. v. State
Tex. App. · 2011 · confidence medium
See In re Pirelli Tire, L.L.C., 247 S.W.3d 670 , 683 & n.14 (Tex. 2007) (Willett, J., concurring) (citing statute foreclosing appellate review of certain decisions as example of legislature granting “absolute discretion” to trial courts); Lucas v. United States, 757 S.W.2d 687, 718 (Tex. 1988) (Phillips, C.J., dissenting) (characterizing decision left to “absolute discretion” of legislature as a choice free from “judicial re-evaluation”); Williams v. State, 592 S.W.2d 931, 932 (Tex. Crim.
discussed
Cited as authority (rule)
texapp 2011
Tex. App. · 2011 · confidence medium
See In re Pirelli Tire, L.L.C. , 247 S.W.3d 670 , 683 & n.14 (Tex. 2007) (Willett, J., concurring) (citing statute foreclosing appellate review of certain decisions as example of legislature granting "absolute discretion" to trial courts); Lucas v. United States , 757 S.W.2d 687, 718 (Tex. 1988) (Phillips, C.J., dissenting) (characterizing decision left to "absolute discretion" of legislature as a choice free from "judicial re-evaluation"); Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
discussed
Cited as authority (rule)
La Ventana Ranch Owners' Ass'n v. Davis
Tex. App. · 2011 · confidence medium
See In re Pirelli Tire, L.L.C., 247 S.W.3d 670 , 683 & n. 14 (Tex.2007) (Willett, J., concurring) (citing statute foreclosing appellate review of certain decisions as example of legislature granting “absolute discretion” to trial courts); Lucas v. United States, 757 S.W.2d 687, 718 (Tex.1988) (Phillips, C.J., dissenting) (characterizing decision left to “absolute discretion” of legislature as a choice free from “judicial re-evaluation”); Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979) (describing trial court’s decision to proceed with adjudication of guilt as “one of…
discussed
Cited as authority (rule)
Grammer v. State
(2×)
Tex. App. · 2008 · confidence medium
This is the law under former section 5(b) relating to direct appeals, apparently no matter how egregious the circumstances: 5 “ ‘the trial court’s decision to proceed with an adjudication of guilt is one of absolute discretion and [is] not reviewable.’ ” Connolly, 983 S.W.2d at 740 (quoting Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App.1979)). 6 Under the circumstances of Grammer’s having obtained permission to associate with and to marry Turner (which he eventually did) and not paying his court costs while incarcerated, we can easily disagree with the trial court’s dec…
discussed
Cited as authority (rule)
Danny Wayne Grammer v. State
Tex. App. · 2008 · confidence medium
This is the law under former section 5(b) relating to direct appeals, apparently no matter how egregious the circumstances:5 “’the trial court’s decision to proceed with an adjudication of guilt is one of absolute discretion and [is] not reviewable.’” Connolly, 983 S.W.2d at 740 (quoting Williams v. State, 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Jaterell Kelon Fisher v. State
Tex. App. · 2008 · confidence medium
App. 1999); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Durgan, Nakeesha
Tex. Crim. App. · 2007 · confidence medium
App. 1992)). 12. 592 S.W.2d 931, 932-33 (Tex. Crim.
discussed
Cited as authority (rule)
Durgan v. State
(2×)
Tex. Crim. App. · 2007 · confidence medium
Davis v. State, 195 S.W.3d 708, 710 (Tex.Crim.App.2006) (quoting Olowosuko v. State, 826 S.W.2d 940, 941 (Tex.Crim.App.1992)). . 592 S.W.2d 931, 932-33 (Tex.Crim.App.1979). .
discussed
Cited as authority (rule)
Dwayne Scott Flynn v. State
Tex. App. · 2007 · confidence medium
Ann. art. 42.12, § 5(b) (former version) (providing that when a defendant violates a condition of community supervision, he is entitled to a hearing limited to the determination by the trial court of whether it proceeds with an adjudication of guilt on the original charge, and no appeal may be taken from this determination); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
discussed
Cited as authority (rule)
Jesse M. Yarclay v. State
Tex. App. · 2007 · confidence medium
Ann. art. 42.12, § 5(b) (Vernon Supp. 2006) (providing that when a defendant violates a condition of community supervision, he is entitled to a hearing limited to the determination by the trial court of whether it proceeds with an adjudication of guilt on the original charge, and no appeal may be taken from this determination); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
discussed
Cited as authority (rule)
Sanchez v. State
Tex. App. · 2006 · confidence medium
See id. at 740-41 (citing Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App.1992) (explaining that court of criminal appeals had “held from the beginning of deferred adjudication practice that the Legislature [had] meant what it said in Article 42.12 § 5(b)”)); Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992) (on appeal of trial court’s decision to revoke probation and adjudicate, even if the appellant’s right to counsel had been violated, the appellant could not use direct appeal as the vehicle with which to seek redress); Wright v. State, 592 S.W.2d 604, 606 (Tex.Crim.App.19…
discussed
Cited as authority (rule)
Hargesheimer, Ronald T.
Tex. Crim. App. · 2006 · confidence medium
This result is clear from the language of Article 42.12 § 5(b), which expressly provides that "no appeal may be taken from this determination." This Court has consistently upheld the plain meaning of the statute, going so far as to say that "the trial court's decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable by this Court." Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
discussed
Cited as authority (rule)
Hargesheimer v. State
(2×)
Tex. Crim. App. · 2006 · confidence medium
This result is clear from the language of Article 42.12 § 5(b), which expressly provides that “no appeal may be taken from this determination.” This Court has consistently upheld the plain meaning of the statute, going so far as to say that “the trial court’s decision to proceed with an adjudication of guilt, is one of absolute discretion and not reviewable by this Court.” Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979); see also Olowosuko v. State, 826 S.W.2d 940 (Tex.Crim.App.1992); Ex Parte Hernandez, 705 S.W.2d 700 (Tex.Crim.App.1986); Wright v. State, 592 S.W.2d 604 …
discussed
Cited as authority (rule)
Hogans v. State
(2×)
Tex. Crim. App. · 2005 · confidence medium
Proc., Art. 42.12, § 5(b). . 592 S.W.2d 931, 932 (Tex.Crim.App.1979). .
discussed
Cited as authority (rule)
Vedal Abdul Davis v. State
Tex. App. · 2005 · confidence medium
App. 1980) (under the terms of the statute, no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Trung Minh Le v. State
Tex. App. · 2005 · confidence medium
Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979); Burger v. State, 920 S.W.2d 433, 437 (Tex.App.-Houston [1st Dist.] 1996, pet. ref'd).
cited
Cited as authority (rule)
Trung Minh Le v. State
Tex. App. · 2005 · confidence medium
Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
discussed
Cited as authority (rule)
Trevino v. State
Tex. App. · 2005 · confidence medium
Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App.1979) (holding that an appellant cannot argue on appeal that the evidence adduced at the revocation hearing was insufficient to prove the allegations in the State’s motion to adjudicate). 4 .
cited
Cited as authority (rule)
Robert Joe Donaldson v. State
Tex. App. · 2005 · confidence medium
App. 1992) (citing Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Tracy Allen McDowell v. State
Tex. App. · 2005 · confidence medium
App. 1999) (citations omitted); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Tracy Allen McDowell v. State
Tex. App. · 2005 · confidence medium
App. 1999) (citations omitted); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
examined
Cited as authority (rule)
John Aaron Cox v. State
(3×)
also: Cited "see, e.g."
Tex. App. · 2004 · confidence medium
See Connolly, 983 S.W.2d at 740 -741 (citing Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App.1992) (explaining that court of criminal appeals had “held from the beginning of deferred adjudication practice that the Legislature [had] meant what it said in Article 42.12 § 5(b)”); Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992) (on appeal of trial court’s decision to revoke probation and adjudicate, even if the appellant’s right to counsel had been violated, the appellant could not use direct appeal as the vehicle with which to seek redress); Wright v. State, 592 S.W.2d 604, 60…
examined
Cited as authority (rule)
Phillip Warren Roberts v. State
(3×)
also: Cited "see"
Tex. App. · 2004 · confidence medium
Ann. art. 42.12, § 5(b) (Vernon Supp.2004); Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App.1999); Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App. [Panel Op.]1979); Gray v. State, 134 S.W.3d 471, 472 (Tex.App.-Waco 2004, no pet. h.).
cited
Cited as authority (rule)
Crooks, Barry Alton v. State
Tex. App. · 2004 · confidence medium
Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
discussed
Cited as authority (rule)
Atchison v. State
(2×)
Tex. App. · 2004 · confidence medium
In points of error one through seven, appellant contends the evidence does not support the court’s findings that he violated the conditions of supervision. 1 It has been the consistent holding of the court of criminal appeals, however, that *758 the deferred adjudication statute does not permit an appeal from the decision to proceed to adjudication. 2 Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App.1992); Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979).
discussed
Cited as authority (rule)
Kendall Glen Dennis v. State
Tex. App. · 2004 · confidence medium
App. 1980) (under the terms of the statute, no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
discussed
Cited as authority (rule)
Chad L. Butler v. State
Tex. App. · 2004 · confidence medium
See Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App.1992) (noting that Court of Criminal Appeals has held that legislature meant what it said in article 42.12, section 5(b): “No appeal may be taken from this determination [to proceed with an adjudication of guilt].”) (citing Williams v. State, 592 S.W.2d 931, 932 (Tex.Crim.App.1979)).
discussed
Cited as authority (rule)
Billy Joe Brown v. State
Tex. App. · 2004 · confidence medium
App. 1980) (under the terms of the statute, no appeal may be taken from the hearing in which the trial court determines to proceed with an adjudication of guilt on the original charge); Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Mark Atchison v. State
Tex. App. · 2003 · confidence medium
This is contrary to the holding in Willliams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
Robert A. Wisniewski v. State
Tex. App. · 2003 · confidence medium
Williams v. State, 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
Mark Atchison v. State
Tex. App. · 2003 · confidence medium
App. 1992); Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
Robert A. Wisniewski v. State
Tex. App. · 2003 · confidence medium
Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
in Re Mark Atchison
Tex. App. · 2003 · confidence medium
The decision to proceed with an adjudication of guilt "is one of absolute discretion." Williams v. State , 592 S.W.2d 931, 932-33 (Tex. Crim.
cited
Cited as authority (rule)
Mark Atchison v. State
Tex. App. · 2003 · confidence medium
App. 1992); Williams v. State, 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
Steve Soto v. State
Tex. App. · 2003 · confidence medium
Williams v. State , 592 S.W.2d 931, 932 (Tex. Crim.
cited
Cited as authority (rule)
Steve Soto v. State
Tex. App. · 2003 · confidence medium
Williams v. State, 592 S.W.2d 931, 932 (Tex. Crim.