Background

• Appellee was charged by indictment in CR-1276-01-I for delivery of marijuana and pled guilty to a related offense on Oct 9, 2003, with a subsequent sentence and a period of community supervision.
• Appellee completed the usual discharge from community supervision and was discharged on Nov 2, 2004, according to the record.
• On June 30, 2015, Appellee filed a motion for judicial clemency seeking dismissal and relief from the conviction based on Cuellar, which the trial court granted on July 14, 2015.
• The State timely filed a notice of appeal on Aug 3, 2015, challenging the order as void for lack of jurisdiction.
• The Hidalgo County Court of Appeals is reviewing whether the trial court had jurisdiction to grant judicial clemency long after discharge from supervision.

Issues

Key Cases Cited

• Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002) (discusses discharge types and effects under Art. 42.12, §20(a))
• Ex parte Armstrong, 8 S.W.2d 674 (Tex. Crim. App. 1928) (court power must derive from law or else void)
• Garcia v. Dial, 596 S.W.2d 524 (Tex. Crim. App. 1980) (lack of jurisdiction voids judgment)
• Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993) (distinguishes void judgments when jurisdiction absent)
• Nix v. State, 65 S.W.3d 664 (Tex. Crim. App. 2001) ( lack of jurisdiction makes judgment void)
• State v. Johnson, 821 S.W.2d 609 (Tex. Crim. App. 1991) (jurisdictional limits govern actions)
• State v. Juvrud, 187 S.W.3d 492 (Tex. Crim. App. 2006) (clarifies applicability of judicial clemency)
• State v. Patrick, 86 S.W.3d 592 (Tex. Crim. App. 2002) (continuing-jurisdiction concept cited)
• Yazdchi v. State, 428 S.W.3d 831 (Tex. Crim. App. 2014) (limits of judicial clemency applicability)
• State v. Fielder, 376 S.W.3d 784 (Tex. App.—Waco 2011) (timing/continuing jurisdiction issues for clemency)
• State v. Shelton, 396 S.W.3d 614 (Tex. App.—Amarillo 2012) (timing restrictions on clemency authority)