X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The defendant pled guilty to the felony offense of possessing a weapon on a premises licensed to sell alcohol. He waived his right to the preparation of a presentence investigation report, and the trial court deferred adjudication and placed the defendant on three years’ community supervision. The state later moved to adjudicate guilt. At that time, the defendant requested a PSI report, but the trial court denied his request. He was found guilty and sentenced to four years in prison. On appeal, the defendant argues the trial court erred in denying his request for a PSI report. HOLDING:Affirmed. The court notes that two statutes are implicated by the defendant’s question. Texas Code of Criminal Procedure Art. 37.07 gives the trial court discretion to order a PSI report, while C.C.P. Art. 42.12 makes a PSI report mandatory except in certain circumstances. The court further notes that in Whitelaw v. State, 29 S.W.3d 129 (Tex.Crim.App. 2000), Art. 42.12 was said to control in times of conflict because it was newer and more specific. Article 42.12 says that PSI reports are mandatory in felony cases. Though the statute allows for waiver in misdemeanor cases, it does not mention waiver in felony cases. However, because C.C.P. Art. 1.14 allows that a defendant may waive any rights secured by law, the court holds that a defendant is capable of expressly waiving his right to a PSI report. Based on its own ruling in McClendon v. State, 784 S.W.2d 711 (Tex.App. � Houston [1st Dist.] 1994, pet. ref’d), the court then concludes that once the right to a PSI report has been waived, the waiver remains valid through until the adjudication hearing, if there is one. The court further concludes that the right may not be reasserted. Unlike some rights that may be reasserted, the right to a PSI report is not constitutionally based. OPINION:Fowler, J.; Fowler, Edelman and Seymore, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.