Jesus J. Pena v. State

OPINION

ANN CRAWFORD McCLURE, Chief Justice

Jesus J. Pena appeals a judgment adjudicating his guilt' of sexual assault and assessing his punishment at imprisonment for a term of five years. We reverse the judgment adjudicating guilt and render judgment denying the State’s motion to adjudicate.

FACTUAL SUMMARY

In 2010, Appellant entered a negotiated guilty plea to the sexual assault of his 18-year-old daughter alleged to have been committed on June 3, 2008. At the guilty plea, the prosecutor stated that the plea bargain included an agreement that, in exchange for Appellant’s guilty plea, “no…