Snodgrass v. State
2016 Tex. App. LEXIS 4778
| Tex. App. | 2016Background
- Snodgrass was arrested for possession of <1 gram meth on Feb 13, 2014; he posted bond, was rearrested June 16, 2014, and remained jailed until trial June 8, 2015.
- He pleaded guilty, jury assessed 12 months' confinement; trial court suspended sentence and placed him on five years' community supervision with a condition to complete SAFP treatment.
- He was transported to SAFP Aug 11, 2015, discharged Aug 13, 2015 for refusing to participate; State filed motion to revoke Aug 20, 2015.
- He was held 34 days in county jail awaiting the revocation hearing (Aug 20–Sep 22, 2015); at the revocation hearing he admitted violating supervision; court revoked supervision and sentenced him to 11 months’ state jail with no credit for any time served.
- On appeal Snodgrass challenged (1) denial of credit for time served (both pretrial June 16, 2014–June 8, 2015 and prerevocation Aug 20–Sep 22, 2015), (2) imposition of community supervision despite a prior waiver, and (3) constitutionality of Tex. Code Crim. Proc. art. 42.12 § 15(h)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for prerevocation confinement (Aug 20–Sep 22, 2015) | State conceded and Snodgrass argued he was entitled to credit for those 34 days | State conceded error | Court sustained this part; judgment reformed to award 34 days' credit |
| Credit for pretrial confinement (June 16, 2014–June 8, 2015) | Snodgrass argued adding pretrial days to the 11‑month sentence would exceed statutory maximum (2 years) so constitutional due process/equal protection requires credit | State argued trial court has discretion under art. 42.12 §15(h)(2); no credit required because total would not exceed statutory max | Court denied relief: after calculating days (using month=30 days and year=365 days) total service would be 722 days, below 730‑day max; no constitutional violation; no credit ordered for this period |
| Waiver of community supervision | Snodgrass argued community supervision was improper because he had waived right to suspended sentence/probation | State argued claim was forfeited because not appealed when community supervision was first imposed | Court held issue forfeited; overruled |
| Constitutionality of art. 42.12 §15(h)(2) (facial) | Snodgrass argued statute unconstitutional in its entirety (discretion to deny credit) | State: claim not preserved below; statute valid as applied except for prerevocation period (Bates) | Court held as-applied challenge preserved for prerevocation days (granted). Facial challenge not preserved; overruled |
Key Cases Cited
- Williams v. Illinois, 399 U.S. 235 (U.S. 1970) (state may not extend imprisonment because a defendant is indigent and cannot pay fines)
- In re Bates, 978 S.W.2d 575 (Tex. Crim. App. 1998) (credit must be given for confinement pending revocation motion)
- Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997) (pretrial jail credit required where defendant received statutory maximum)
- McKinney v. State, 66 S.W. 769 (Tex. Crim. App. 1902) (for sentencing calculations in criminal cases, ‘‘month’’ treated as 30 days to avoid calendar‑month anomalies)
- Ex parte Lee, 223 S.W.3d 360 (Tex. Crim. App. 2006) (calculating multi‑year sentences by multiplying years by 365 days)