Aguilar v. State

On July 28, 2005, Daniel Aguilar pleaded guilty to possession of less than one gram of methamphetamine, a state jail felony. See Tex. Health & Safety Code Ann. § 481.102(6) (West Supp. 2006), § 481.115(a), (b) (West 2003). The trial court found the evidence sufficient to support a finding that Aguilar was guilty but deferred the adjudication of guilt and placed Aguilar on community supervision for three years pursuant to a plea bargain. On November 30, 2005, the State filed a motion to adjudicate guilt, alleging that Aguilar violated multiple conditions of his deferred adjudication community supervision. At the hearing on December 16, 2005, Aguilar pleaded true to those allegations. The trial court found that Aguilar violated the conditions of his deferred adjudication community supervision and adjudicated him guilty of the underlying offense. The trial court assessed a punishment of two years in the state jail but placed Aguilar on probation for five years, again pursuant to a plea bargain.