State v. John D. Shelton
2012 Tex. App. LEXIS 9734
| Tex. App. | 2012Background
- 1985: Shelton pled guilty to burglary of a habitation and received a five-year prison sentence probated for five years.
- 1989: State filed and then dismissed a motion to revoke community supervision, extending Shelton's supervision by five years.
- 1996: Shelton, pro se, moved for discharge from community supervision; court issued an order discharging him on May 21, 1996.
- 2011: Shelton filed a motion to set aside conviction and dismiss charges, supported by evidence of rehabilitation since discharge.
- 2012: Trial court granted Shelton's motion; State appealed arguing lack of trial court jurisdiction, leading to the reverse-and-render disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to grant judicial clemency after discharge | State: no jurisdiction beyond discharge; time-limitation applies | Shelton: court had authority to grant clemency at any time as permitted by statute | Trial court lacked jurisdiction; reverse and dismiss |
Key Cases Cited
- Cuellar v. State, 70 S.W.3d 815 (Tex.Crim.App.2002) (two types of discharge; judicial clemency available at discretionary time)
- State v. Fielder, 376 S.W.3d 784 (Tex.App.-Waco 2011) (discussed jurisdiction limits for post-discharge clemency)
- Patrick v. State, 86 S.W.3d 592 (Tex.Crim.App.2002) (continuing jurisdiction concepts related to post-discharge actions)
- Collins v. State, 240 S.W.3d 925 (Tex.Crim.App.2007) (plenary power to modify sentencing within time limits dependent on motions)
- State v. Davis, 349 S.W.3d 535 (Tex.Crim.App.2011) (plenary power limits; timing of motions in sentencing)