Court of Criminal Appeals of Texas

Ali Yazdchi, Appellant v. the State of Texas

April 9, 20142014 Tex. Crim. App. LEXIS 538

Summary

The Court affirmed the Court of Appeals, holding that appellant was ineligible for jury‑recommended community supervision because his prior conviction was resurrected for the limited purpose of probation ineligibility, and that his impeachment claim was not preserved for appeal. The Court also noted that the statutory language of Tex. Code Crim. Proc. art. 42.12 §20(a) is plain, while a dissent argued the language is ambiguous and a concurrence agreed with the result but said the provision is ambiguous.