Charles Blake Defore v. State
12-15-00074-CR
| Tex. App. | Oct 16, 2015Background
- Appellant Charles Blake DeFore faced adjudication hearings on two cause numbers (31,070 and 31,077) for manufacture/delivery of controlled substances.
- The trial court conducted hearings on both motions to adjudicate at the same time; witnesses testified to facts supporting both motions.
- At the conclusion of the adjudication hearing the court stated it found the allegations true and granted the State’s motions to adjudicate (with a misstatement of a cause number during oral findings).
- The court later pronounced that it had found and adjudged appellant guilty in both causes and assessed punishment of 30 years in TDCJ; the written judgment reflected a 30-year sentence.
- Appellant contends the court failed to adjudicate guilt before sentencing, rendering the judgment void; the State argues the oral record plus written judgment suffice to show adjudication.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (DeFore) | Held |
|---|---|---|---|
| Whether the trial court adjudicated guilt before sentencing | The court’s hearing, oral statements finding allegations true, and written judgment show adjudication occurred | Trial court failed to adjudicate guilt prior to sentence, making judgment void | Court (State) contends adjudication was adequately made by oral findings and written judgment; judgment should stand |
Key Cases Cited
- Villela v. State, 564 S.W.2d 750 (Tex. Crim. App. 1978) (adjudication may be implied from hearing and actions of court granting motion to adjudicate)
- Jones v. State, 795 S.W.2d 199 (Tex. Crim. App. 1990) (no special oral formula required after pronouncement of sentence to effect adjudication of guilt)
- Parks v. State, 960 S.W.2d 234 (Tex. App.--Houston [1st Dist.] 1997) (written judgment can be valid absent explicit oral pronouncement of guilt)