Brent, Lakesia Keyon, PD-0020-21

Lakesia Brent was convicted of misdemeanor theft in March 2016, sentenced to 180 days jail and one year of community supervision.
The trial court discharged Brent from community supervision in March 2017 pursuant to Tex. Code Crim. Proc. art. 42A.701(e).
In November 2019 (more than two years after discharge) the trial court set aside the verdict and dismissed the information under art. 42A.701(f).
The State appealed; the First Court of Appeals affirmed, holding art. 42A.701(f) permits a trial court to grant such judicial clemency at any time after discharge.
The Court of Criminal Appeals granted review and reversed: it held that the trial court lacked authority to grant the set-aside two years after discharge and that the clemency decision must be exercised at the time of discharge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether art. 42A.701(f) authorizes a trial court to set aside a verdict and dismiss charges at any time after a probationer is discharged, including after the court's plenary jurisdiction has expired	State: Trial court lost jurisdiction after discharge/plenary period; it cannot grant clemency years later	Brent: Statute is silent as to timing; (f) authorizes the court to grant clemency at any time after discharge; later post-discharge conduct may show rehabilitation	Court reversed COA: (f) does not confer jurisdiction indefinitely; the decision to set aside must be exercised at discharge (within the court's jurisdiction); trial court erred to grant relief two years later

Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002) (describes discretionary set-aside as "judicial clemency" tied to rehabilitation on supervision)
State v. Shelton, 396 S.W.3d 614 (Tex. App.—Amarillo 2012) (interprets discharge and clemency language as contemporaneous; rejects indefinite post-discharge clemency)
State v. Brent, 615 S.W.3d 667 (Tex. App.—Houston [1st Dist.] 2020) (court of appeals holding that (f) permits clemency at any time after discharge)
State v. Dunbar, 297 S.W.3d 777 (Tex. Crim. App. 2009) (discusses expiration of trial court jurisdiction post-conviction and post-sentence)
Ex parte Donaldson, 86 S.W.3d 231 (Tex. Crim. App. 2002) (explains that a trial court's jurisdiction ordinarily expires once a probationer has been discharged)
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007) (recognizes that prolonged legislative silence can imply legislative approval of judicial construction)