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HURLEY v. STATE

No. 05-03-00463-CR.

130 S.W.3d 501 (2004)

Randall Kirk HURLEY, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

March 26, 2004.

Attorney(s) appearing for the Case

John Hendrik, Duncanville, for Appellant.

William T. (Bill) Hill, Jr. and Cheryl D. Holder, Assistant District Attorney, Dallas, for the State.

Before Justices MOSELEY, FITZGERALD, and LANG.

OPINION

Opinion by Justice MOSELEY.

In this case we must determine whether an order placing a defendant on deferred adjudication community supervision is a "conviction," authorizing the trial court to cumulate the deferred adjudication with a prison sentence from a conviction in another case. Because a deferred adjudication order does not involve a "conviction," we conclude it cannot be the subject of cumulative sentencing under Texas law. For that reason...

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