Ivey v. State

KELLER, P.J.,

filed a dissenting opinion in which HOLCOMB and COCHRAN, JJ., joined.

A defendant has an unambiguous statutory right to elect who will assess punishment, which is not overridden by the community supervision statute. I would therefore reverse the judgment of the court of appeals.

Under Boykin v. State, this Court must construe a statute in accordance with the plain meaning of its text, unless the statutory language is ambiguous or the plain meaning leads to absurd results that the Legislature could not have possibly intended.1 The portion of the community supervision statute at…