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 appellant pled guilty without a plea bargain to unlawfully carrying a weapon on a premise that is licensed to sell alcohol, a third-degree felony. The appellant expressly waived his right to the preparation of a presentence investigation (PSI) report. The trial court deferred adjudication of guilt and placed the appellant on community supervision. Later, the State filed a motion to adjudicate guilt. The trial court found one of the allegations in the motion true. After the trial court decided to proceed with adjudication and before sentencing, the appellant requested the preparation of a PSI report. The trial court denied the request and, after hearing evidence, sentenced the appellant to four years’ imprisonment. On direct appeal, the appellant complained that Code of Criminal Procedure Article 42.12 9 required that the trial court have a PSI report prepared upon request. The court of appeals disagreed and affirmed the appellant’s sentence. HOLDING:Affirmed. The court holds that a defendant in a felony case may waive his right to the preparation of a PSI report, even when he is eligible for community supervision. The appellant in this case waived his right to the report during his initial plea. The court determines whether that waiver was effective for the sentencing proceedings. The court of appeals held that the appellant’s waiver continued and was effective during the sentencing proceedings. It relied on its holding in McClendon v. State, 784 S.W.2d 711 (Tex. App. � Houston [14th Dist.] 1990, pet. ref’d). Because the initial plea and the adjudication and sentencing were really one legal proceeding, the appellant’s waiver continued to be effective. “We want to make clear that we are not holding that the trial court was unauthorized to have a PSI report prepared in this case. We are holding that the plain meaning of the language of 9, when read in the context of the entirety of Article 42.12, does not require that the trial court have a report prepared under the circumstances of this case.” OPINION:Price, J., delivered the opinion of the Court, in which Keller, P.J., Meyers, Womack, Johnson, Keasler, Hervey, and Cochran, JJ., joined. Cochran, J., filed a concurring opinion. Holcomb, J., filed a dissenting opinion. CONCURRENCE:Cochran, J. “I join the majority opinion. I add these comments only to suggest that the defendant at a motion to adjudicate or motion to revoke probation hearing normally does not need a presentence investigation (PSI) report. The probation officer will almost always be a testifying witness in the courtroom. All of the topics that might usefully be included in a written PSI may be addressed by the probation officer on the witness stand. Additional evidence may be offered by the live testimony of defense witnesses or the defendant.” DISSENT:Holcomb, J. “I respectfully dissent. I would hold that the trial court erred in not ordering preparation of a presentence investigation report (PSI), that appellant’s request for a PSI preserved the trial court’s error for appellate review, and that this case should be remanded to the court of appeals for a harm analysis.”

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.