Cabezas v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellant plead nolo contendere to the offense of Delivery of Cocaine weighing at least 400 grams. Tex. Health & Safety Code Ann. § 481.112(d)(3). The trial court found that in its opinion the best interest of society and the appellant would be served by deferring appellant’s adjudication of guilt. Tex.Code Crim.Proc.Ann. art. 42.12 § 5. However, the court was persuaded by the State that deferred adjudication probation was not an available alternative disposition, and therefore, found appellant guilty as charged and…