Cabezas v. State

CONCURRING OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

While agreeing that pursuant to the authority granted by Article 42.12, § 5(a), V.A.C.C.P., a trial court may defer further proceedings without entering an adjudication of guilt, and place the defendant on probation for a term not exceeding ten years, regardless of the range of punishment for the alleged offense, I write to suggest that an understanding of the legislative objective might well illuminate the concept underlying the procedure.

Early on the Court observed that “§ 4.12 of the Controlled Substances Act, Article…