Ex Parte McCullough

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was indicted for aggravated sexual assault. Pursuant to a plea agreement, Appellant pleaded nolo contendere, and the State recommended that the trial court defer finding Appellant guilty and place Appellant on community supervision for five years. The trial court followed the recommendation. Appellant did not appeal from the order placing him on deferred adjudication community supervision. See Dillehey v. State, 815 S.W.2d 628 (Tex.Cr.App.l991)(defendant may appeal from order deferring adjudication of guilt). Three months…