Applin v. State
Texas Court of Appeals, 2nd District (Fort Worth)
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
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Black v. RomanoSupreme Court of the United States · 1985
- Ex Parte MaddingCourt of Criminal Appeals of Texas · 2002
- Rogers v. StateCourt of Criminal Appeals of Texas · 1982
9 more not listed; retrieve them via the Exa API.