Wesley v. State

OPINION

Opinion by

Justice ROSS.

On May 9, 2003, Donald Wesley pled guilty before the court, pursuant to a plea agreement, to intentionally or knowingly possessing a controlled substance, cocaine. See Tex. Health & Safety Cobe Ann. § 481.115(a), (b) (Vernon 2003). In accord with the agreement, the trial court found that the evidence substantiated Wesley’s guilt, but deferred further proceedings without entering a finding of guilt and placed Wesley on community supervision for five years. See Tex.Code Ceim. PRoc. Ann. art. 42.12, § 5(a) (Vernon Supp.2004-2005).

On September 19, 2003, the State…