02-18-00383-CR
Tex. App.Aug 26, 2019Background
- Kemone Rodgers pleaded guilty to possession of a controlled substance in May 2017 and received two years’ deferred-adjudication community supervision.
- Supervision conditions required reporting to CSCD no less than monthly (or as scheduled by the court or supervision officer) and completion of 120 hours of community service at no fewer than 8 hours per month.
- CSCD officer Adelia Gonzalez testified Rodgers completed only 4 community-service hours between January–April 2018 and refused to report weekly or biweekly when requested.
- Rodgers claimed a medical condition prevented compliance but did not provide medical proof and refused to disclose details at the hearing.
- The trial court found Rodgers violated supervision, adjudicated his guilt, and sentenced him to time served (132 days). The written judgment mistakenly included a $191.68 fine that was not orally pronounced.
Issues
| Issue | Rodgers’ Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the trial court improperly delegated authority to the supervision officer to change Rodgers’ reporting schedule | Trial court impermissibly delegated power to Gonzalez to modify reporting requirements | Trial court lawfully authorized reporting “as scheduled by…supervision officer” and used CSCD to implement its order | Overruled: delegation was permissible under article 42A.301 and controlling precedent; officer could set reporting details |
| Whether the 120‑hour community‑service condition was void for vagueness | Condition was too vague/indefinite to enforce; Rodgers offered to pay instead | Condition was a clear, court‑specified obligation; objective standard measured by a reasonable person | Overruled: 120 hours at no fewer than 8 hours/month is sufficiently definite and enforceable |
Key Cases Cited
- McArthur v. State, 1 S.W.3d 323 (Tex. App. — Fort Worth 1999) (trial court may prescribe conditions and use supervision officers to implement details)
- Salmons v. State, 571 S.W.2d 29 (Tex. Crim. App. 1978) (upholding conditions that probationer attend programs as prescribed by probation office)
- Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (appellate authority to reform judgments to reflect oral pronouncement; correcting clerical sentencing errors)