State v. Daniel Misiaszek

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00728-CR The State of Texas, Appellant v. Daniel Misiaszek, Appellee FROM COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY, NO. 12-1838CR, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING MEMORANDUM OPINION Daniel Misiaszek was charged with assaulting his wife Kathy Misiaszek. See Tex. Penal Code § 22.01 (setting out elements of assault). Subsequently, Misiaszek and the State entered into a deferred prosecution agreement. Under the agreement, in exchange for the State agreeing to “conditionally dismiss the offense,” Misiaszek agreed to “knowingly…