Jorge Luis Levy, Appellant v. the State of Texas, Appellee

Summary

The Court held that a probation sentence imposed on a defendant convicted of aggravated sexual assault is void because such offenses are ineligible for court‑ordered probation, and that the defect may be raised on direct appeal. Accordingly, the Court reversed the Court of Appeals judgment and remanded for proper assessment of punishment while leaving the conviction intact. Justice Miller, concurring, agreed with the result but criticized the majority’s reasoning, and Justice McCormick dissented.