State v. Feliciano Villarreal Perez, 494 S.W.3d 901

In 2003 Perez pleaded guilty to possession of marijuana (Class A misdemeanor); the court suspended sentence and placed him on one year of community supervision.
Perez was discharged from community supervision on November 2, 2004, after completing the term.
In June 2015 Perez moved for judicial clemency under Tex. Code Crim. Proc. art. 42.12 § 20(a), citing immigration consequences from his conviction.
On July 14, 2015 the trial court granted the motion, set aside the plea and judgment, dismissed the charging instrument, and released Perez from disabilities resulting from the conviction.
The State appealed, arguing the trial court lacked jurisdiction to grant clemency nearly eleven years after discharge; the Court of Appeals agreed and reversed and rendered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to grant judicial clemency more than a decade after discharge from community supervision	The State: the court lacked jurisdiction because trial court plenary/personal jurisdiction ends after discharge unless statutory authority provides continuing jurisdiction	Perez: trial court retained authority to grant judicial clemency under art. 42.12 § 20(a) despite the passage of time and after discharge	The court held the trial court lacked jurisdiction; clemency must be granted upon or shortly after discharge and before the court loses plenary jurisdiction; order was void

State v. Dunbar, 297 S.W.3d 777 (Tex. Crim. App. 2009) (jurisdiction basics and when personal jurisdiction terminates)
Ex parte Moss, 446 S.W.3d 786 (Tex. Crim. App. 2014) (orders issued without jurisdiction are void)
State v. Patrick, 86 S.W.3d 592 (Tex. Crim. App. 2002) (court must identify a statutory or other source of authority for orders)
Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002) (distinguishing usual discharge from judicial clemency under art. 42.12 § 20 and effect of clemency)
State v. Shelton, 396 S.W.3d 614 (Tex. App.—Amarillo 2012) (holding trial court lacked jurisdiction to grant clemency many years after discharge)
State v. Fielder, 376 S.W.3d 784 (Tex. App.—Waco 2011) (same conclusion regarding delayed judicial clemency)