Gary v. State

Appellant pleaded guilty to burglary of a’ habitation. Tex.Penal Code Ann. § 30.02 (West 1989). After finding that the evidence substantiated appellant’s guilt, the district court deferred adjudication and placed appellant on probation. The State subsequently filed a motion to adjudicate. On the recommendation of the magistrate to whom the matter was referred, appellant’s probation was revoked and he was adjudged guilty, punishment was assessed at imprisonment for thirty years, and sentence was imposed.

Travis County criminal law magistrates may not preside over a contested trial on the…