Mark William Ivey, Appellant v. the State of Texas

Summary

The Court affirmed that under Article 42.12 a trial judge may place an eligible defendant on community supervision even when the defendant elected jury assessment of punishment and the jury did not recommend supervision. The majority relied on the plain language of the statute and legislative history, while two dissenting opinions argued the trial court violated the defendant's statutory right to jury‑assessed punishment and due‑process rights.