I have a case where there is a pending motion to adjudicate a deferred probation on a state jail felony. Because the defendant has some severe special needs (competency not an issue), we want to adjudicate and punish under 12.44(b) so he does not lose his state /federal benefits. I believe this would be permissible because it is a punishment issue but cannot find anything in my research to substantiate this belief. Has anyone come across this issue or have any case law:

Looks fine. As there has not yet been a conviction for a felony, the 12.44(b) option is still available. Can't imagine the defendant is going to complain. Just make sure the judgment reflects the conviction is for the Class A misdemeanor punishment range so that some bureaucrat doesn't cut off his benefits.