Issa v. State

In Issa v. State, 826 S.W.2d 159, 161 (Tex. Crim. App. 1992), the court of criminal appeals held that a defendant "is entitled to a punishment hearing after the adjudication of guilt, and the trial judge must allow the accused the opportunity to present evidence." Id. That statutory right, however, is one that can be waived. See id. Therefore, to successfully complain on appeal about the lack of a separate punishment hearing, one must first have raised the complaint in the trial court by way of a timely objection or, if there was no opportunity to object, a timely-filed motion for new trial. The Texas Court of Criminal Appeals determined that a punishment hearing was required when the trial court finds a defendant violated the terms and conditions of his or her 'deferred adjudication' probation. When a defendant's adjudication is deferred and the State moves to revoke the defendant's probation, the trial court must first adjudicate the defendant's guilt. Id. Once the trial court has adjudicated the defendant's guilt, Issa requires the trial court to conduct a second phase to determine punishment. Id.