KIMBERLY SHERVON GARRETT, Appellant v. THE STATE OF TEXAS (Dissenting)

State: Texas

Docket No: PD-1117-11

Case Date: 06/20/2012

Plaintiff: KIMBERLY SHERVON GARRETT, Appellant

Defendant: THE STATE OF TEXAS (Dissenting)

Preview:IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. PD-0934-11 KIMBERLY SHERVON GARRETT, Appellant v. THE STATE OF TEXAS ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY *** NO. PD-1117-11

SEQUEASIA TURNER, Appellant v. THE STATE OF TEXAS ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY

K ELLER, P.J., filed a dissenting opinion in which W OMACK and

GARRETT & TURNER DISSENT -- 2 J OHNSON, JJ., joined. The question before us is whether trial judges have the authority to extend a period of probation for persons on deferred adjudication for state-jail felonies.1 After examining various provisions in Article 42.12,2 both at the time they were enacted and as they were subsequently amended, I conclude that trial judges do not have that authority. A. What the Legislature Did In 1993, the legislature created a new grade of offense called the state-jail felony.3 At the same time, the legislature added Section 15 to the probation statute (Article 42.12 of the Code of Criminal Procedure) to accommodate state-jail felonies. Section 15 outlined the availability and length of "regular" probation in state-jail felony cases.4 Subsection 15(b) governed when a judge could extend a period of regular probation.5 Meanwhile, Sections 3 and 4 of the probation statute--which had previously outlined the availability and length of regular probation in all cases-- were amended to exclude state-jail felonies.6 The legislature also amended Sections 3 and 4 to permit a judge to extend a period of probation "in the manner provided by Section 22(c) of this

1

"Probation" and "community supervision" are interchangeable terms. TEX . CODE CRIM . PROC. art. 42.12. See Acts 1993, 73rd Leg., S.B. 1067 (enrolled version),

Download pd-1117-11-0.pdf