State v. R.B

In State v. R.B., 699 S.W.2d 296 (Tex. App.--Dallas 1985, no writ), neither deferred-adjudication order imposed an express condition of probation but, to the contrary, explicitly provided that "there shall be no Court ordered supervision or probation of Defendant under Article 42.13 of the Code of Criminal Procedure." 699 S.W.2d at 297-98. The State argued that the orders nonetheless contained an implied condition of probation: because the orders reserved the right to proceed to an adjudication of guilt or alternatively to dismiss the proceeding if the trial court determined that dismissal would be in the best interest of society and of the defendant, the orders "necessarily implied as a condition of dismissal rather than an adjudication of guilt that dismissal could not be in the best interest of society and of the defendant." Id. at 298. The court of appeal rejected that argument. It reasoned that "to hold, as the State would have us do, that a deferred adjudication always carries with it an implied condition of probation would mean that one who had received deferred adjudication would never be entitled to expunction because there would always be court-ordered supervision. Such an interpretation would rob of any meaning the provision that expunction is to be granted when there is no court-ordered supervision." Id.