Legal Opinion
Johnson v. State
Court of Criminal Appeals of Texas
Decided June 17, 2009No. PD-1187-07PublishedCited by 25 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which MEYERS, PRICE, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.
Appellant asks whether a trial judge has the discretion to impose jail time as a condition of community supervision immediately after he has heard unsworn, uncross-examined victim-allocution statements that they wanted appellant to go to jail.1 The answer is no. The pertinent statute is both clear and explicit: Article 42.03 requires that the victim-allocution statement be read after the sentence has been imposed and “after the court has announced the terms and conditions of the sentence.”2 This error was not harmless.…
3Cases cited5 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- State v. AguileraCourt of Criminal Appeals of Texas · 2005
- Garcia v. State, Texas Court of Appeals, 8th District (El Paso)2000
- Gifford v. State, Texas Court of Appeals, 14th District (Houston)1998
- Johnson v. State, Texas Court of Appeals, 3rd District (Austin)2008
4Cited by25 opinions
- Aldrich v. StateCourt of Appeals of Texas · 2009
- Shortt v. StateCourt of Criminal Appeals of Texas · 2018
- Applin v. State, Texas Court of Appeals, 2nd District (Fort Worth)2011
- Aldrich v. StateCourt of Appeals of Texas · 2009
- Allen John Aldrich v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009
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