State v. Melanie Dawn Fielder
376 S.W.3d 784
Tex. App.2011Background
- Fielder completed community supervision on October 3, 2007 and was discharged by a 2007 order signed November 9, 2007.
- In 2011, the State sought to withdraw the discharge and dismiss the indictment after Fielder filed a motion for judicial clemency on March 4, 2011.
- The trial court granted judicial clemency, withdrew the guilty plea, and dismissed the indictment in 2011.
- The State challenged jurisdiction, arguing the trial court had no authority to issue the 2011 judgment.
- Fielder contended that §20 of Article 42.12 allows judicial clemency regardless of when supervision ended or the discharge order was entered.
- The court held the trial court lacked jurisdiction to enter the 2011 judgment and reinstated the 2007 discharge as in full force and effect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to grant judicial clemency after discharge | State argues no jurisdiction after 2007 discharge | Fielder relies on §20 to permit clemency regardless of end date | Trial court lacked jurisdiction |
| Effect of appellee’s failure to file a brief | State treats failure as confession of error | Fielder’s failure to file brief should not create jurisdictional changes | Court treated as confession of error and independently reviewed merits |
| Authority to rescind discharge after plenary power expired | State asserts no authority once 2007 discharge final | Fielder argues possible plenary power | Trial court had no jurisdiction; discharge reaffirmed |
Key Cases Cited
- Siverand v. State, 89 S.W.3d 216 (Tex. App.—Corpus Christi 2002) (discussed options when appellee fails to file brief; treats failure as confession of error)
- Siverand v. State, 89 S.W.3d 216 (Tex. App.—Corpus Christi 2002) (confession of error requires independent merits review)
- Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002) (limits on independent review after confession of error)
- Hawkins v. State, 278 S.W.3d 396 (Tex. App.—Eastland 2008) (confession of error approach and review)
- State v. Patrick, 86 S.W.3d 592 (Tex. Crim. App. 2002) (trial court without jurisdiction to issue order)
- Swearingen v. State, 189 S.W.3d 779 (Tex. Crim. App. 2006) (discusses plenary power limitations)
- State v. Aguilera, 165 S.W.3d 695 (Tex. Crim. App. 2005) (plenary power considerations after discharge)