Gutierrez, Maricela Rodriguez

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1658-11

MARICELA RODRIGUEZ GUTIERREZ, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

SMITH COUNTY

Cochran, J., filed a concurring opinion in which Johnson, J., joined.

O P I N I O N

I agree with the majority that applicant's probation cannot be revoked on the basis of an illegal (1) probation condition that she "self-deport" if she could not successfully obtain legal status within one year.

I also think that the issue could have been resolved in a simpler manner. Appellant's community…