Beedy v. State

Appellant, Arnold Ray Beedy, pleaded guilty to two counts of indecency with a child by exposure and pleaded true to an enhancement paragraph alleging a prior conviction for sexual assault of a child. See Tex. Pen. Code Ann. § 21.11 (Vernon 2003). The trial court assessed appellants punishment at 12 years in prison on count I, deferred adjudication of guilt on count II, and ordered 10 years of community supervision to be served consecutively with the prison sentence. See Tex. Code Crim. Proc. Ann. art. 42.08 (Vernon Supp. 2005); Tex. Pen. Code Ann. § 3.03 (Vernon Supp. 2005). We determine whether the trial court abused its discretion by ordering that appellants deferred-adjudication community supervision run consecutively with his prison term. We modify the trial courts judgment by deleting that portion of the judgment requiring appellants deferred-adjudication community supervision to begin after appellants prison sentence is completed and by decreeing, instead, that the community supervision and prison term run concurrently. We affirm the trial courts judgment as modified.