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The State of Texas v. Cody Joe Posey

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Johnson, J., delivered the opinion for a unanimous Court. Keasler, J., filed a concurring opinion, in which Hervey and Cochran, JJ. join.

OPINION

A jury convicted appellee of two criminally negligent homicides, alleged in separate indictments. The jury found that the motor vehicle driven by appellee in the commission of these offenses was used or exhibited as a deadly weapon, assessed punishment at two years’ imprisonment, and recommended that the sentences be probated. The trial court followed that recommendation and placed appellee on community supervision for five years for each conviction.*fn1 On November 21, 2008, facing motions to revoke community supervision in both cases, appellee plead “true” to violation allegations in each case. After an evidentiary hearing on the motions, the trial judge found that appellee had violated the terms of his community supervision and sentenced him to 22 months on each offense, with the sentences to run concurrently.*fn2 In his oral comments, the trial judge suggested that appellee’s attorney should file a motion for shock probation after appellee had been in state jail for at least 75 days.

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