August 26, 2007, 17:28
Martin PetersonSB909 Effect of Appeal
A defendant has now finally been given the right to appeal the court's decision to adjudicate his guilt. With this legislative overruling of
Holder, 618 S.W.2d 80 and
Williams, 592 S.W.2d 931 and see also
McDougal, 610 S.W.2d at 511 (Teague, concurring), we will see another growth spurt in appeals.
When probation is revoked and an appeal ensues, the defendant must continue to comply with the terms of the probation order during the pendency of the appeal. What is the situation where guilt is adjudicated and a new community supervision order (under sec. 3 or 15) is entered which has terms more onerous or different from the order of deferred adjudication? Does the defendant continue to comply with the deferred adjudication order, or must he comply with the new probation order? Any thoughts?