Case of Note: Ivey v. State (CCA)

Ivey v. State, which was originally litigated in our very own Travis County Court at Law No. 5, and handed down yesterday by the Court of Criminal Appeals, says that a judge can put a defendant on probation even if the defendant doesn’t want it and the jury denies it:

“We hold that a trial court may place an eligible defendant on community supervision even if the defendant has elected to have his punishment assessed by the jury and the jury does not recommend it.” Here’s the opinion.

Personally, I’ve always thought that jail or prison time is kind of like cash when it comes to a defendant’s debt to society. Of course, the judge can’t force Ivey to actually obey the terms and conditions of probation. If he chooses not to, it’ll be interesting to see what the judge has to say at the revocation hearing.

1/29/10 Revision. Changed category from “Cases of Note” to “Case Law.”

2 thoughts on “Case of Note: Ivey v. State (CCA)

  1. Kiele, first, welcome to the blawgosphere.Second, this has always very clearly been the law but, before someone got the bright idea of taking it up to the CCA, many of our judges weren’t aware of it.Third, the language in Keller’s dissent that probation is part of punishment (contrary to other CCA caselaw) may be helpful to us in some other contexts.

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