in Re Derrick A. Walker, Relator

NO. 07-10-0187-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 18, 2010
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In re DERRICK A. WALKER,
Relator
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Opinion on Original Proceeding for Writ of Prohibition
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Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pending before the court is the application of Derrick A. Walker for a writ of
prohibition barring the State from proceeding to adjudicate his guilt in Cause Nos. 3358
and 3404, 100th Judicial District Court, Hall County, Texas. The writ is founded upon
his belief that the proceeding contravenes the restrictions against double jeopardy.
That is, his having partially paid a “fine” assessed as a condition for deferring the
adjudication of his guilt and being placed on community supervision bars the State from
proceeding with its motion to adjudicate, the argument goes. To adjudicate Walker’s
guilt and ultimately levy sentence supposedly exposes him to being punished twice for
the same offense. We deny the writ.
Assuming arguendo that Walker complied with all the requirements of Texas
Rule of Appellate Procedure 52, we note that his argument lacks merit. Having one’s
adjudication of guilt deferred and being placed on community supervision during that
period is not tantamount to being sentenced and punished. Gardner v. State, No. 01-
01-1226-CR, 2002 Tex. App. LEXIS 7464 *3 (Tex. App.–Houston [1st Dist.] October 17,
2002, no pet.) (not designated for publication); Tackett v. State, 989 S.W.2d 855, 858-
59 (Tex. App.–Houston [14th Dist.] 1999, pet. ref’d). Thus, complying with the
conditions of his continued probation or community supervision, which includes the
payment of a “fine,” does not mean that he has completed or been subjected to some
aspect of punishment as contemplated by the Double Jeopardy Clause. Gardner v.
State, supra.
The request for a writ of prohibition is denied.
Brian Quinn
Chief Justice
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