Opinion

Jaynes v. State

  • 673 S.W.2d 198
  • 1984 Tex. Crim. App. LEXIS 699
Court
Court of Criminal Appeals of Texas
Filed
Jul 11, 1984
Status
Published
Author
Clinton
On the bench
McCormick, Clinton
Cited by
28 cases

Overruled in part by Chauncey v. State, 1994 Tex. Crim. App. LEXIS 58 (1994)

instruction appropriate in a “stop-and-render-aid” case when defendant claimed that, because of excessive use of alcohol, she did not know she had struck anyone with her car

How later courts described this case

  • instruction appropriate in a “stop-and-render-aid” case when defendant claimed that, because of excessive use of alcohol, she did not know she had struck anyone with her car
  • instruction proper at guilt stage where evidence showed that because of intoxication, defendant was oblivious to her criminal conduct

Written by the judges who cited it.

Later courts went against this

  • Overruled in part by Chauncey v. State, 1994 Tex. Crim. App. LEXIS 58 (1994)

    Before the trial court appellant cited Jaynes v. State, 673 S.W.2d 198 (Tex.Crim.App. 1984), overruled in part, Chauncey v. State, 877 S.W.2d 305, 309 n.8
    Court of Criminal Appeals of TexasMay 11, 19945 citing opinionsin partRead it

The opinion

CLINTON, Judge,

concurring.

I agree that the trial court erred in assessing a term of confinement in excess of the maximum authorized by law. For that reason alone the cause must be remanded. However, since Article 42.12, § 3, Y.A.C. C.P. expressly authorizes the trial court “to fix the period of probation without regard to the term of punishment assessed” so long as it is not greater than ten years, I cannot say with confidence of the majority that the Legislature did not intend precisely that which it wrote and, therefore, I would not say that § 3 may be read to limit a period of probation to the maximum term of confinement allowed by the statute. We should reserve the issue until presented with a situation where a trial court assessed punishment at a term within the statutory maximum but fixed a period of probation longer than the maximum but still less than ten years.

With that understanding I concur in the judgment of the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.