Hurley v. State of Texas

OPINION

Opinion by

Justice MOSELEY.

In this case we must determine whether an order placing a defendant on deferred adjudication community supervision is a “conviction,” authorizing the trial court to cumulate the deferred adjudication with a prison sentence from a conviction in another case. Because a deferred adjudication order does not involve a “conviction,” we conclude it cannot be the subject of cumulative sentencing under Texas law. For that reason, we sustain appellant Randall Kirk Hurley’s sole point of error, modify the trial court’s order deferring adjudication of guilt to delete the…