Court of Criminal Appeals of Texas

Arnold Ray Beedy, Appellant v. the State of Texas

April 2, 20082008 Tex. Crim. App. LEXIS 451

Summary

The Court affirmed the Court of Appeals' decision to delete the trial judge's cumulation order that stacked a ten‑year deferred adjudication community supervision term onto a twelve‑year prison sentence. It held that an unlawful cumulation order does not constitute "reversible error" under Article 44.29, so the proper remedy is deletion, not remand for resentencing. The Court also reaffirmed that deferred adjudication community supervision is not a "conviction" for purposes of the cumulation statutes.