Gutierrez, Maricela Rodriguez
2012 Tex. Crim. App. LEXIS 1327
| Tex. Crim. App. | 2012Background
- Appellant Gutierrez pled guilty to possession of cocaine (4–200 grams) and received a 10-year sentence suspended to community supervision for 10 years.
- A condition required Gutierrez to obtain legal status within 90 days and to notify her probation officer; a written memorialization also required leave the country if no status within 12 months.
- Gutierrez did not object to the condition when imposed; the court granted two extensions to obtain status, the second until May 12, 2010.
- In July 2010 the State moved to revoke supervision, alleging failure to leave the country or to prove status application; at the hearing the State proceeded only on the failure to leave.
- The trial court revoked supervision based solely on the leave/banishment condition, reducing Gutierrez’s sentence to 5 years.
- The Texarkana Court of Appeals reversed, holding the leave condition impermissibly intruded on the federal government’s deportation prerogative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a probation condition requiring self-deportation is valid. | State argued Speth controls; conditions are contractual and may be challenged only if properly preserved. | Gutierrez contends the deportation condition violates the federal prerogative and is void; may be raised on appeal. | Deportation condition cannot be enforced and is not subject to waiver. |
| Whether estoppel by contract or by judgment bars challenge to an invalid probation condition. | State contends Gutierrez should be estopped from challenging the condition on appeal. | Gutierrez argues public-policy and constitutional prohibitions trump estoppel; contract voids enforcement. | Estoppel by contract and by judgment do not apply; public policy and Supremacy Clause prohibit enforcement. |
| Whether Hernandez v. State forecloses Gutierrez’s challenge or permits waiver analysis under Marin and Speth. | State relies on Speth to require trial objection for a probation condition. | Hernandez recognizes absolute prohibition; waiver-only rule does not apply to such prerogatives. | Hernandez governs; the condition invading federal deportation prerogative is void and not waived. |
Key Cases Cited
- Hernandez v. State, 613 S.W.2d 287 (Tex.Crim.App.1981) (probation condition banished from the state violated Supremacy Clause; void)
- Speth v. State, 6 S.W.3d 530 (Tex.Crim.App.1999) (procedural default for probation-condition objections; scope narrowed)
- Ex parte Medellin, 552 U.S. 491 (U.S. Supreme Court 2008) (Supremacy Clause; ICJ treaty obligations not controlling domestic procedure)
- Bearden v. Georgia, 461 U.S. 660 (U.S. Supreme Court 1983) (fairness in revocation when inability to pay is not willful)