Whitson, April Hope
429 S.W.3d 632
Tex. Crim. App.2014Background
- Whitson pleaded guilty to burglary of a habitation on April 5, 2002, with deferred adjudication and five years' community supervision.
- The trial court extended supervision twice; after the state's third motion to adjudicate, Whitson was sentenced to eight years' confinement.
- On direct appeal, Whitson challenged jurisdiction to revoke supervision because the third motion to adjudicate was filed after the original end date.
- Nesbit v. State governs end-date calculation when no calendar end-date is specified; it excludes the anniversary date to avoid double counting.
- The trial court's orders in Whitson's case specified calendar end-dates; the court of appeals held Nesbit did not apply, giving precedence to the explicit end-date.
- The Texas Court of Criminal Appeals held Nesbit controls in all computations, and a calendar end-date in the order must be computed per Nesbit; the trial court lacked jurisdiction when the last motion was filed one day after the computed end-date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which end-date controls when conflict exists | Whitson argued Nesbit governs; calendar end-date invalid if after Nesbit end-date. | State argued explicit end-date controls and Nesbit unnecessary when calendar date specified. | Nesbit controls all end-dates; explicit date must be computed per Nesbit. |
| Did the court have jurisdiction to adjudicate after end-date | Whitson contends end-date expired Oct 4, 2009, before third motion. | State asserts court had jurisdiction due to calendar end-date and timely motion. | Court lacked jurisdiction; third motion filed after end-date invalidates adjudication. |
Key Cases Cited
- Nesbit v. State, 227 S.W.3d 64 (Tex. Crim. App. 2007) (end-date calculation excludes anniversary date to avoid double counting)
- Ex parte Donaldson, 86 S.W.3d 231 (Tex. Crim. App. 2002) (trial court retains jurisdiction to adjudicate if motion filed during probation)
- Guillot v. State, 543 S.W.2d 650 (Tex. Crim. App. 1976) (probationary period and capias must be timely issued to retain jurisdiction)
- McGaughy v. Richardson, 599 S.W.2d 113 (Tex. Civ. App.—Dallas 1980) (double counting concern in end-date calculations)