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 C OCHRAN, J., filed a concurring opinion in which J OHNSON, J., joined. OPINION I agree with the majority that applicant’s probation cannot be revoked on the basis of an illegal1 probation condition that she “self-deport” if she could not successfully obtain legal 1 Let us not mince words. The trial judge did not have the legal authority or power to impose deportation as a condition of…