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Jerome Delatorre v. State of Texas

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OPINION

Pursuant to a plea bargain, Jerome Delatorre pleaded guilty to the offense of felony theft, and the trial court deferred adjudication of his guilt conditioned on his completion of two years of community supervision. After the State moved to adjudicate his guilt, the trial court found Delatorre guilty and sentenced him to sixteen months in a state jail. Delatorre asks for a new punishment hearing, arguing that (1) the written waiver of a trial by jury that he had signed in connection with his guilty plea cannot be validly applied to the assessment of his punishment following the adjudication of his guilt and (2) he did not knowingly and intelligently waive his right to have a jury assess punishment. We affirm.

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