Legal Opinion · Dissent

Applin v. State

Texas Court of Appeals, 2nd District (Fort Worth)

Decided April 14, 2011No. 02-09-00089-CR, 02-09-00090-CRPublished

1DissentLee Ann Dauphinot, Justice

I cannot join the majority opinion for several reasons. I respectfully dissent from the majority’s statements that

even assuming that the infractions that led to these conditions of community supervision [periods of incarceration] serve in part as the same foundation that supports the State’s petition for revocation, we conclude that there is no double jeopardy issue. Indeed, under Texas law a trial court can impose jail-time conditions “for any reason and perhaps for no reason” at “any time during the supervision period” and not credit that time to a sentence suspension that is eventually…

2Cases cited14 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Black v. RomanoSupreme Court of the United States · 1985
  4. Ex Parte MaddingCourt of Criminal Appeals of Texas · 2002
  5. Rogers v. StateCourt of Criminal Appeals of Texas · 1982

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