Am arguing about the minimum length of Community Supervision in a felony case. I say there is no minimum. I have read the perfect plea, which basically says we can defer for any length of time up to 10 years, but am wondering if anyone knows of any caselaw to support this. Any help would be greatly appreciated.

I'm not aware of a case approving periods of supervision for deferred adjudication less than the minimum established for post-conviction community supervision. For sex offenders, though, section 5 of 42.12, CCP, does establish a five year minimum for deferred adjudication. In the absence of a reference to the same minimum periods established for post-conviction CS or some other express limitation for specific offenses other than sex crimes, the assumption is that there is no minimum.

It would be difficult for the State to challenge a period as contrary to the law, given that the State couldn't do a direct appeal and the defendant is unlikely to complain. In addition, in most deferred adjudication dispositions, the State agreed to waive a jury trial and probably reached the disposition by agreement.

If someone knows of a case cite, I'd like to hear about it so I can add it to The Perfect Plea.