TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Deferred for Pre 2019 SJF DWI with Child?
Go
New
Find
Notify
Tools
Reply
  
Deferred for Pre 2019 SJF DWI with Child? Login/Join 
Member
posted
New law (Sept. 2019) says 49.045 DWIs with Child Passenger are not eligible for deferred. This offense date was May of that year. Was deferred an option at that point?
 
Posts: 522 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
No DWI-related offenses were eligible for deferred adjudication until September 1, 2019.
 
Posts: 2414 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Thanks Shannon!
 
Posts: 522 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
Member
posted Hide Post
Hi Shannon,

What options are there to make corrections where a DWI with child passenger was pled to deferred probation and it has been since June 2021?
 
Posts: 2 | Registered: August 26, 2021Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
Good question!

I'm not sure you have a remedy if your office agreed to the original Df Adj. Call or email our research attorney, Stephanie Huser, and she might be able to dig into that for you while we see if anyone else has any bright ideas on this forum.
 
Posts: 2414 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
The court had no authority to defer further proceedings due to the "Except as provided by Article 42A.102(b)" language in Art. 42A.101. Art. 42A.102(b)(1)(a) read: "the judge may grant deferred adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code."

The void order in your case has no legal effect and should be ignored (or declared void). The case remains ripe for a proper disposition. The defendant cannot claim any harm, res judicata, estoppel, etc.
 
Posts: 2362 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Perhaps in light of the holding in Ex parte Williams, 65 S.W.3d 656, a little more needs to be said about estoppel. While no illegal sentencing is involved, it is also difficult to say that the State received any benefit from the bargain. Anyway, Judge Womack's dissent in Williams makes more sense. An order is void when it is entered contrary to the constitution and precluded by the very law relied upon.

Finally, "Parties who agree to a void order have agreed to nothing. See In re Garza, 126 S.W.3d 268, 271 (Tex. App.—San Antonio 2003, orig. proceeding)." In re X.A., No. 01-19-00227-CV (Tex. App. 2020)
 
Posts: 2362 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Thanks guys!
 
Posts: 2 | Registered: August 26, 2021Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Deferred for Pre 2019 SJF DWI with Child?

© TDCAA, 2001. All Rights Reserved.