If a defendant was placed on community supervision for aggravated assault with a deadly weapon (by virtue of a plea), and then the defendant violates his probation, can his probation be revoked? Section 42.12, section 3g(a)(2) C.C.P. prohibits a judge from placing a defendant on postconviction community supervision for any felony offense if defendant used or exhibited a deadly weapon. It appears that the community supervision judgment may be void/illegal. Has the defendant waived this complaint? Thanks

Check out your trusty copy of The Perfect Plea, page 58. The courts have held that community supervision is not a sentence (it is the suspension of a sentence), and absent a timely objection, a defendant (and the state) waives any claim that the order is illegal. Ex parte Williams, 65 SW3d 656, and State v. Enriquez, 47 SW3d 177.