Ivey v. State

OPINION

MEYERS, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.

We are called upon in this case to decide whether Article 42.12 of the Texas Code of Criminal Procedure confers upon a defendant a right to avoid being placed on community supervision.1 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. Accordingly, we will affirm the judgment of the court of appeals.

FACTS AND PROCEDURAL POSTURE

The appellant was convicted by a jury of the misdemeanor…