Moore v. State

1 Citing case

  1. Garcia v. State

    NO. 02-15-00442-CR (Tex. App. Apr. 27, 2017)

    The trial court retained this discretion until the judgment of conviction was signed. See Garza, 2008 WL 596225, at *2 (holding that despite oral finding of guilt, trial court retained power to grant deferred adjudication for aggravated robbery until signing written judgment after sentencing); Cruz v. State, No. 2-02-148-CR, 2003 WL 21283178, at *1 (Tex. App.—Fort Worth June 5, 2003, pet. ref'd) (mem. op., not designated for publication) (holding trial court could consider granting deferred adjudication until signing its written judgment despite stating orally that it was finding defendant guilty); cf. Moore v. State, No. 12-15-00195-CR, 2016 WL 3950945, at *2 (Tex. App.—Tyler July 20, 2016, no pet.) (mem. op., not designated for publication) (holding oral finding of guilt does not remove trial court's power to grant deferred adjudication); Rogers v. State, No. 14-09-00665-CR, 2012 WL 50609, at *2 (Tex. App.—Houston [14th Dist.] Jan. 10, 2012, no pet.) (mem. op., not designated for publication) (same). The case Appellant relies on, Ramirez v. State, 655 S.W.2d 319, 321-22 (Tex. App.—Corpus Christi 1983, no pet.), does not discuss the availability of deferred adjudication probation and is therefore inapposite.