Irving v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

On November 4, 1987, Appellant pled guilty to burglary of a habitation. The trial *960court deferred adjudication of guilt and placed Appellant on probation for six years. On September 17,1991, the trial court granted Appellant’s “MOTION TO DISMISS FOR MENTAL HEALTH COMMITMENT,” which stated that the pending criminal charges were dismissed. Despite this dismissal order, on December 18, 1991, the State filed a motion to adjudicate, which motion was signed by the same trial judge who had signed the dismissal order. Subsequently, the State filed an…