Court of Criminal Appeals of Texas

Michel Wadin Issa, Appellant v. the State of Texas, Appellee

January 29, 1992826 S.W.2d 159

Summary

The Court of Criminal Appeals of Texas held that after a deferred adjudication, a trial court must conduct a separate sentencing hearing to allow the defendant to present mitigation evidence before imposing a sentence, and it found that the appellant preserved his due‑process claim despite not objecting at the revocation hearing. Accordingly, the case was remanded for resentencing. Justice Overstreet dissented, arguing that the appellant failed to preserve the error and that the judgment should be affirmed.