Pearson v. State

OPINION

RICKHOFF, Justice.

Robert Lee Pearson appeals from a judgment adjudicating him guilty of burglary of a habitation and sentencing him to confinement for sixty years. For the reasons explained below, we dismiss in part and reverse and remand in part.

Factual and Procedural Background

In 1993, pursuant to a plea bargain, Pearson pled nolo contendere to burglary of a habitation. The trial court deferred adjudicating him guilty and placed him on probation for seven years. Thereafter, he was charged with capital murder. In September 1996, a jury acquitted him of that charge. The State filed a…