Middleton v Texas (original by presiding judge keller)
Annotate this CaseIn 2015, Appellant Brian Middleton pled guilty to three theft offenses pursuant to an agreement, and he was placed on deferred adjudication. He later committed two new thefts. He was charged with the two new offenses, and the State filed motions to adjudicate guilt in the three earlier cases. Appellant pled guilty to the two new offenses, but the trial court did not formally accept the pleas, instead ordering a presentence investigation report. On January 9, 2020, the trial court held a hearing on all five offenses. The issue Appellant's case presented on appeal to the Texas Court of Criminal Appeals asked that when a defendant is placed on deferred adjudication, and he is later charged with a new offense, and the punishment stage for both the deferred-adjudication offense and the new offense occur in the same proceeding, have the two cases been tried in the same criminal action for the purpose of determining whether the sentences can be stacked? The Court answered that question “yes” and affirmed the judgment of the court of appeals.
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