Court of Criminal Appeals of Texas
Ex Parte Jack Carrol Welch
October 28, 19981998 Tex. Crim. App. LEXIS 139
Summary
The court held that the applicant was eligible for jury‑imposed probation because his prior deferred adjudication was not a conviction, and that trial counsel’s failure to file a probation motion constituted ineffective assistance of counsel. Accordingly, the judgment and sentence were set aside and the case remanded for appropriate relief.