THARPE v. THALER

No. 09-10632.

628 F.3d 719 (2010)

Richard Theodore THARPE, Jr., Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institution Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 23, 2010.


Attorney(s) appearing for the Case

Richard Theodore Tharpe, Jr. , Iowa Park, TX, pro se.

Joseph Peter Corcoran , Asst. Atty. Gen., Office of Atty. Gen., Postconviction Lit. Div. Austin, TX, for Petitioner-Appellant.

Before WIENER, GARZA, and PRADO, Circuit Judges.


WIENER, Circuit Judge:

Petitioner-Appellant Richard Theodore Tharpe, Jr. pleaded guilty in state court to the felony offense of possession with intent to distribute cocaine. The trial court accepted his guilty plea, but instead of convicting Tharpe and imposing incarceration, the court deferred adjudicating his guilt and placed him on deferred-adjudication probation. After he violated his probation, however, the trial court convicted Tharpe and sentenced him to twenty...

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