DueProcess
Is Texas Code of Criminal Procedure, Article 42.1285(a) deferred Adjudication Community Supervision void for vagueness?
QUESTIONS PRESENTED * Is Texas Code of Criminal Procedure, Article 42.1285(a) deferred Adjudication Community Supervision void for vagueness? Where the term ‘deferred adjudication' is ambiguous. Section 2.(A) of this article 'Definitions' does not define what type of criminal proceedings are deferred or, what deferred adjudication means ‘ in context with Section 5 of Article 42.12 Community Supervision. Is the 1998 Unadjudicated Judgment on Plea of Guilty or Nolo Contendere and Suspending Imposition of Sentence, named herein as the Judgment on appeal void? Failing Subject Matter Jurisdiction of Texas Code of Criminal Procedure, Article 42.12§5(a) deferred Adjudication Community supervision and the United States Gonstitution's 5th and 14th Amendments Due Process and Equal Protection Clause (respectively). Where a judge may not Defer Punishment prior to a formal proceeding convened for determing guilt. Does the 1998 Unadjudicated Judgment on Plea of Guilty or Nolo Contendere and Suspending Imposition of Sentence, named herein as the Judgment on appeal, violate Seperation of Constitutional Powers Article I§1. Legislative Powers . and Article III§2. Judicial Powers, promulagating unlegislated jurisdiction, . by joindering two statutes of Community Supervision. Texas Code of Criminal Procedure, Article 42.12§5(a) Deferred Adjudication probation with Article 42. 12§3(a) Judge Ordered probation? 1