No. 19-5380

In Re Charles L. Cox

Lower Court: N/A
Docketed: 2019-07-30
Status: Denied
Type: IFP
IFP
Tags: community-supervision criminal-procedure deferred-adjudication due-process equal-protection jurisdiction separation-of-powers vagueness void-for-vagueness
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is Texas Code of Criminal Procedure, Article 42.1285(a) deferred Adjudication Community Supervision void for vagueness?

Question Presented (OCR Extract)

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

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)

Attorneys

Cox, In Re Charles L.
Charles Laymon Cox — Petitioner