Mark William Ivey, Appellant v. the State of Texas

Summary

The Court held that under Article 42.12 a trial judge may suspend a jury‑assessed sentence and place an eligible defendant on community supervision even when the defendant elected jury assessment and the jury did not recommend supervision. The majority relied on the plain meaning of the statute and legislative history showing that the legislature intended to give judges discretion regardless of jury recommendation. The judgment of the Court of Appeals was affirmed. Justice Holcomb (dissent) and Justice Keller (dissent) argued that the trial judge’s action violated the defendant’s statutory right to jury‑assessment and due‑process protections.