Texas Code of Criminal Procedure

Art. Art. 42A.107
Request for Final Adjudication


On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant’s plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing).

(b)

The defendant is entitled to a hearing limited to a determination by the court of whether the court will proceed with an adjudication of guilt on the original charge. The court may not proceed with an adjudication of guilt on the original charge if the court finds that the only evidence supporting the alleged violation of a condition of deferred adjudication community supervision is the uncorroborated results of a polygraph examination. The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(d) in a case in which the adjudication of guilt was not deferred.

(c)

A court retains jurisdiction to hold a hearing under Subsection (b) and to proceed with an adjudication of guilt, regardless of whether the period of deferred adjudication community supervision imposed on the defendant has expired, if before the expiration of the supervision period:

(1)

the attorney representing the state files a motion to proceed with the adjudication; and

(2)

a capias is issued for the arrest of the defendant.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
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Last accessed
Jun. 7, 2021