AFFIRM; and Opinion Filed November 30, 2015.

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00478-CR

No. 05-15-00479-CR

ELLWOOD CHRISTOPHER WEBB, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause Nos. F12-34452-I, F12-34453-I

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang and Brown 

Opinion by Justice Brown

Ellwood Christopher Webb appeals his convictions, following the adjudication of his 

guilt, for two offenses of assault involving family violence. In two issues, appellant contends the 

trial court improperly admonished him as to the punishment range and the evidence was 

insufficient to support his guilty plea. We affirm the trial court’s judgments.

In cause no. 05-15-00478-CR, appellant was charged by indictment with assault 

involving family violence by impeding the breath, having a prior conviction for assault involving 

family violence. See TEX. PENAL CODE ANN. § 22.01(a)(3), (b-1) (West Supp. 2015); TEX. FAM.

CODE ANN. §§ 71.0021, 71.005 (West 2014 & Supp. 2015) In cause no. 05-15-00479-CR, 
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appellant was charged by indictment with assault causing bodily injury involving family 

violence, having a prior conviction for assault involving family violence. See TEX. PENAL CODE 

ANN. § 22.01(a)(1), (b)(2); TEX. FAM. CODE ANN. §§ 71.0021, 71.005. Appellant waived a jury 

and pleaded guilty to the offenses as alleged. He also pleaded true to one enhancement 

paragraph in each case. Pursuant to plea agreements in each case, the trial court deferred 

adjudicating guilt, placed appellant on five years’ community supervision, and assessed a $2,500 

fine. The State later moved to adjudicate guilt, alleging appellant violated three conditions of his 

community supervision. Appellant pleaded not true to the allegations in a hearing on the 

motions. The trial court found one of the allegations true, adjudicated appellant guilty, and 

sentenced him to ten years’ imprisonment in each case.

In cause no. 05-15-00478-CR, appellant contends he was incorrectly admonished on the 

punishment range for a second-degree felony offense because, with the enhancement paragraph, 

he was subject to punishment under the range for a first-degree felony offense. In cause no. 05-

15-00479-CR, appellant asserts the evidence was insufficient under article 1.15 of the Texas 

Code of Criminal Procedure to support his original guilty plea because the State failed to prove 

an element of the offense charged, namely that the conviction recited in the first enhancement 

allegation in the indictment was correctly stated. The State responded that this Court has no 

jurisdiction to consider appellant’s complaints and that the complaints are without merit.

A defendant placed on deferred adjudication community supervision may raise issues 

relating to the original plea proceeding only in appeals taken when deferred adjudication 

community supervision is first imposed. Manuel v. State, 994 S.W.2d 658, 661–62 (Tex. Crim. 

App. 1999). Appellant cannot wait until he is adjudicated to bring this issue. See Clark v. State,
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997 S.W.2d 365, 368–69 (Tex. App.—Dallas 1999, no pet.). Thus, it is too late for appellant to 

raise any complaint about the admonishments or lack thereof at his original plea hearing. 

Further, appellant’s signed judicial confession that included the enhancement allegation 

was admitted into evidence without objection. A judicial confession acknowledging guilt of the 

indictment’s allegations is sufficient to meet the requirements of Article 1.15. See Dinnery v. 

State, 592 S.W.2d 343, 353 (Tex. Crim. App. [Panel Op.] 1979). We overrule appellant’s issues.

We affirm the trial court’s judgments.

Do Not Publish

TEX. R. APP. P. 47

150478F.U05

/Ada Brown/

ADA BROWN

JUSTICE
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

ELLWOOD CHRISTOPHER WEBB, 

Appellant 

No. 05-15-00478-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court

No. 2 of Dallas County, Texas (Tr.Ct.No. 

F12-34452-I).

Opinion delivered by Justice Brown, Chief 

Justice Wright and Justice Lang 

participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered November 30, 2015.
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

ELLWOOD CHRISTOPHER WEBB, 

Appellant 

No. 05-15-00479-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court

No. 2 of Dallas County, Texas (Tr.Ct.No. 

F12-34453-I).

Opinion delivered by Justice Brown, Chief 

Justice Wright and Justice Lang 

participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered November 30, 2015.