State v. Shiela Cassiano, 13-14-00556-CR

Grand jury indicted Shiela Cassiano for burglary of a habitation and aggravated assault.
During jury deliberations, Cassiano changed her plea to no contest and, on July 28, 2014, the trial court placed her on two years of deferred probation (deferred adjudication).
On the same day the court deferred adjudication, Cassiano filed a motion for new trial claiming insufficiency of the evidence and justification.
On August 19, 2014, the trial court granted Cassiano’s motion for new trial without a hearing.
The State appealed, arguing the trial court lacked authority to grant a new trial while Cassiano’s adjudication was deferred because deferred adjudication does not constitute a conviction or a finding of guilt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a trial court may grant a motion for new trial after deferred adjudication (no finding of guilt)	The State: trial court erred; deferred adjudication means no conviction or finding of guilt, so a new trial is not available	Cassiano: sought new trial challenging the case despite deferred adjudication (argued insufficiency/justification)	Trial court lacked authority; order granting new trial is a nullity

Donovan v. State, 68 S.W.3d 633 (Tex. Crim. App. 2002) (holding deferred adjudication is not a finding of guilt and Rule 21 new-trial relief is unavailable prior to adjudication)
State v. Ellis, 976 S.W.2d 789 (Tex. App.—Houston [1st Dist.] 1998) (order granting new trial before adjudication is a nullity)