Ellerbe v. State

OPINION

TERRY JENNINGS, Justice.

After a mistrial, appellant, Donald Wayne Ellerbe, pleaded nolo contendere to the felony offense of aggravated sexual assault of a child under the age of 14. Pursuant to his plea agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed him on community supervision for 8 years. After the State filed its second motion to adjudicate guilt, the trial court found that appellant violated the terms and conditions of his community supervision, adjudicated his guilt, and assessed punishment at 18 years confinement. In his sole point…