Def placed on 7 year def in 2002 for F2 drug charge. No mention of weapons during plea. Notice of intent to seek a deadly weapon finding was given prior to plea. MTA filed. Can I seek DW finding at punishment portion after adjudication? Cases indicate adjudication brings us back to point of plea and DW can be decided during punishment phase. What do you think?

One recent view: Unpublished for Good Reason

Another (better) view: Dissent

Maybe the refusal of the PDR in Sampson means something, and maybe it doesn't.

Justice Gray's dissent is the legally correct view as to whether the judge had authority to enter a DW finding after adjudication. As usual, the Waco court of appeals gets it wrong.

However, the defendant might still be able to raise an issue of ineffective assistance of counsel if his lawyer failed to take the DW issue into consideration when negotiating the community supervision. The better practice is to make it clear in the original plea agreement that any decision on a DW finding is suspended unless adjudication takes place. See The Perfect Plea.

Thanks. I think I will take a shot and see if we can't get this to be the rule out of the 11th!