Court of Criminal Appeals of Texas

Carolyn Kate Kelley, Appellant v. the State of Texas, Appellee

July 3, 19841984 Tex. Crim. App. LEXIS 693

Summary

The Court of Criminal Appeals held that Art. 1918c is a constitutional delegation of judicial functions and that the magistrate's denial of probation was not an unconstitutional application of the statute; consequently it reversed the Court of Appeals and affirmed the trial court's judgment. Justice Teague dissented, arguing that the statute creates an unconstitutional magistrate court and that the magistrate lacked jurisdiction, and he would have affirmed the conviction without writing on the merits.