Court of Criminal Appeals of Texas

The court of appeals' reversal of a trial court's judgment suspending defendant's sentences and placing him on community supervision for ten years, arising from a conviction for two criminally negligent homicides, is affirmed as, because the jury verdict included an affirmative finding of the use of a deadly weapon and because the trial judge's authority to order any form of community supervision arises from the jury's recommendation of regular community supervision, the trial judge may not grant shock probation unless the defendant is eligible for judge-ordered community supervision.

Appellate Information

• Decided 01/12/2011
• Published 01/12/2011

Judges

• Johnson

Court

• Court of Criminal Appeals of Texas

Counsel