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can a judge give ten years deferred adjudication on a state jail felony?
 
Posts: 10 | Location: Corpus Christi, Texas,United States | Registered: August 22, 2008Reply With QuoteReport This Post
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yes
 
Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
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See page 76 of The Perfect Plea for a discussion on the length of time for supervision in deferred adjudication cases.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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?
 
Posts: 10 | Location: Corpus Christi, Texas,United States | Registered: August 22, 2008Reply With QuoteReport This Post
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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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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 There is case law however they are only unpublished opinions and are from 1999.
 
Posts: 10 | Location: Corpus Christi, Texas,United States | Registered: August 22, 2008Reply With QuoteReport This Post
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What? Your judge wants something more than "JB says so"?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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