# West v. State

> Texas Court of Appeals, 1st District (Houston) · April 25, 1984 · 661 S.W.2d 305

URL: https://www.frixlaw.com/law-library/cases/9683304

## Case

- **Full name:** Samuel Douglas WEST, Appellant, v. the STATE of Texas, Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** April 25, 1984
- **Citations:** 661 S.W.2d 305
- **Precedential status:** Published
- **Opinion:** Concurrence by Warren
- **Judges:** Levy, Warren, Doyle
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9683304

## Opinion text

WARREN, Justice,
concurring.
I reluctantly concur. The trial judge could have deferred adjudication of guilt under art. 42.12, sec. 3d(a), before he found appellant guilty. Under the circumstances however, the appellant’s expectation of such a determination was so unreasonable as to render it nonexistent. But for the serious discussions of probation during the proceedings, which reinforced rather than dispelled appellant’s expectation, I would affirm.
I am reluctant to add additional admonishments to the trial judge’s already long list. However, where a defendant is statutorily ineligible for probation and his counsel argues for, or presents evidence in support thereof, the law should require the trial judge to make appropriate admonishments. See Ramirez v. State, 655 S.W.2d 319 (Tex.App.—Corpus Christi 1983, no pet. history).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683304. Public record. Not legal advice.