Court of Criminal Appeals of Texas

Anthony Ray Ditto and Lemar Ervin, Appellants v. the State of Texas

March 10, 19991999 Tex. Crim. App. LEXIS 17

Summary

The Court held that a plea agreement that caps confinement but makes no recommendation on probation is satisfied by granting deferred adjudication probation within the cap, and that upon revocation of such probation a trial court may impose a higher sentence. The Court reversed the Court of Appeals and affirmed the trial courts' sentences.