# Jaynes v. State

> Court of Criminal Appeals of Texas · July 11, 1984 · 673 S.W.2d 198

URL: https://www.frixlaw.com/law-library/cases/9863227

## Case

- **Full name:** Billie Sue JAYNES, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** July 11, 1984
- **Citations:** 673 S.W.2d 198; 1984 Tex. Crim. App. LEXIS 699
- **Precedential status:** Published
- **Opinion:** Concurrence by Clinton
- **Judges:** McCormick, Clinton
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by Chauncey v. State, 1994 Tex. Crim. App. LEXIS 58 (1994).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9863227

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9863227. Public record. Not legal advice.