Lopez v. State

OPINION

Opinion by

Justice BENAVIDES.

Appellant, Benito Lopez, appeals from the trial court’s revocation of his deferred adjudication community supervision. See Tex.Code Crim. Proc. Ann. art. 42.12 §§ 5(b), 23 (Vernon Supp. 2009). By two issues, Lopez argues that the State improperly amended the motion to revoke his community supervision two days before the revocation hearing, in violation of article 42.12 section 21(b) of the Texas Code of Criminal Procedure, see id. art. 42.12 § 21(b), and that he received ineffective assistance of counsel during the revocation hearing. We affirm.

I. Background

O…