Jackson v. State

In Jackson v. State, No. 05-09-00650-CR, 2010 WL 297945 (Tex. App.--Dallas Jan. 27, 2010, no pet.), the defendant pled guilty to aggravated sexual assault, and the trial court deferred adjudication of his guilt and placed him on community supervision for three years. The court later convicted and sentenced him. Id. On appeal from the conviction, he argued that the trial court's original order imposing deferred adjudication community supervision was illegal and void because the three-year term was below the minimum five-year term required for that offense by Tex. Code Crim. Proc article 42.12 of the code of criminal procedure. Id. The court of appeals disagreed, holding that the "unauthorized term of deferred adjudication community supervision was not an illegal or void sentence" and that Jackson "should have brought his complaint concerning the order deferring adjudication in an appeal from that order."