can a judge give ten years deferred adjudication on a state jail felony?
See page 76 of The Perfect Plea for a discussion on the length of time for supervision in deferred adjudication cases.
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?
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.
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 There is case law however they are only unpublished opinions and are from 1999.
What? Your judge wants something more than "JB says so"?
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.
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