Hi Johnnyt6 ~ very interested in the status of your case. I have a deferred adjudication for a a Deadly Conduct Misdemeanor A ~ plea, which I was required to plea guilty too. I was a CHL holder, but because of my initial charges my license was suspended, the revoked due to my plea bargain. I completed all my requirements, paid all my fines and will have completed community service by the end of the month.Johnnyt6 wrote: Went to court today. Judge said she needed more time to research the issue before making her dicision.
I met with the lawyer for DPS, she was really a nice lady. She gave me lots of insight. Apparently, back in 2009, the head lawyer's opinion was just like mine. She said she had to follow suit and she apologized for his mistake. She kept citing section 20 of the code of criminal procedures in Texas's criminal statues.
She said that if I had a guilty plea on file and it was then set aside, we wouldn't be at court.
I explained to the judge that based on the Killard case, then Rep Vought's addition of H.B. 2370 and what it meant, the judge too questioned why my "set-aside," was not valid.
I'll keep the board posted and I will post all info after the case is resolved.
H.B. No.2730 states in SECTION 11.02. Section 411.171(4), Government Code, is amended to read as follows: (4)"Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently: (A) expunged; [or] (B) pardoned under the authority of a state orfederal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.
My question is if my deferrred adjudication "dismissal" is worded as a "set aside" will that be of value to 1) reinstate my CHL after my 2 year penality due to the revokation of my original CHL, 2) void the 5 year penality due to the Deferred Adjudicatio Misdemeanor A initial charge. Also, do you have any idea if a Set Aside wording would allow a Deadly Conduct deferred adjudication dismissal to immediately quality for a Motion for Non-disclosure.
Thanks!