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Deferred Adjudication-State Jail

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1111049881

April 10, 2009, 09:30
LG
Deferred Adjudication-State Jail
can a judge give ten years deferred adjudication on a state jail felony?
April 10, 2009, 10:26
DPB
yes
April 10, 2009, 10:56
JB
See page 76 of The Perfect Plea for a discussion on the length of time for supervision in deferred adjudication cases.
April 10, 2009, 14:41
LG
Page 76 of The Perfect Plea mentions felonies, does that include state jails. Also is there anywhere in the Code of Criminal Procedure where this is specifically addressed?
April 10, 2009, 14:53
JB
A state jail felony is, indeed, a felony. Nothing in 42.12 suggests a different length of supervision for a state jail felony deferred (unlike regular probation following conviction). You just have to trust me on this one.
April 10, 2009, 15:05
LG
Im just looking for something I can point my judge to that makes this clear. There is case law however they are only unpublished opinions and are from 1999.
April 10, 2009, 17:18
jws
What? Your judge wants something more than "JB says so"?
April 10, 2009, 17:23
JB
I find it sad that so many judges are reluctant to accept the plain words of a statute. Particularly a statute that been in effect for 15 years.