CUARENTA, ANTHONY LUKE v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0205-24 THE STATE OF TEXAS v. ANTHONY LUKE CUARENTA, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS BRAZOS COUNTY MCCLURE, J., delivered the opinion for a unanimous Court. OPINION The Texas Code of Criminal Procedure authorizes the State to “appeal a sentence in a case on the ground that the sentence is illegal.” See TEX. CODE CRIM. PROC. art. 44.01(b). There exists a split among courts of appeals as to whether an order of deferred disposition is considered an appealable “sentence” under this statute.…