Johnson v. State

JOE SPURLOCK, II, Justice,

dissenting.

I respectfully dissent from the majority’s decision to dismiss the appeal.

In August of 1981, appellant, Michael Blaine Johnson, waived trial by a jury and pled guilty to the charge of criminal mischief, causing damages in excess of $200, but less than $10,000. The trial court, pursuant to TEX.CODE CRIM.PROC.ANN. art. 42.12, sec. 3d (Vernon 1979), deferred adjudication of guilt and placed Johnson on probation for a period of three years. In March 1984, the State filed a first amended petition to proceed to adjudication. After a hearing the trial court…