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 held that a trial court must hold a separate sentencing hearing after adjudicating guilt in a deferred adjudication case; the failure to do so violated the defendant's due process rights and was not waived, so the case was remanded for resentencing. Justice OVERSTREET dissented, arguing the error was not preserved and the sentence should be affirmed.