Eldridge v. State

OPINION

DUNN, Justice.

This is an appeal from a conviction in a deferred adjudication proceeding where the appellant was denied the benefit of a “hearing” under Tex.Code Crim.P.Ann. art. 42.12 § 3d(b) (Vernon Supp.1987).

On July 11, 1986, the appellant entered a plea of guilty to the offense of burglary of a vehicle. He appeared before the presiding judge of the district court, accompanied by retained counsel. The State made no recommendation in the case, but the judge reduced the charge to a misdemeanor, granted the appellant deferred adjudication, placed him on one year’s probation, and…