Court of Criminal Appeals of Texas

Larry Martin Ellison, Appellant v. the State of Texas

September 13, 20062006 Tex. Crim. App. LEXIS 1689

Summary

The Court affirmed the Court of Appeals, holding that a probation officer's testimony on a defendant's suitability for community supervision is relevant to sentencing under Article 37.07, Section 3(a), and that the trial judge did not abuse discretion in admitting that testimony. The decision rests on a plain‑language reading of the amended statute and an abuse‑of‑discretion standard for expert qualification.