Peters v. State

GUITTARD, Chief Justice.

A single offense has resulted in these two appeals, one from denial of a writ of habeas corpus and the other from a conviction for driving while intoxicated. In the latter case the trial court had previously deferred an adjudication of guilt under authority of article 42.13, Section 3d(a), of the Texas Code of Criminal Procedure. The constitutionality of that statute, insofar as it authorizes imposition of a fine before an adjudication of guilt, is the principal question presented, but we conclude that we cannot consider that question on either appeal. Consequently, we…