Pedraza v. State

2 Citing cases

  1. Chauncey v. State

    877 S.W.2d 305 (Tex. Crim. App. 1994)   Cited 11 times
    Stating defendant was placed on community supervision as alternative to sentence

    Id. (emphasis added). This conclusion was based upon our opinion in Pedraza v. State, 562 S.W.2d 259 (Tex.Crim.App. 1978), where we had stated that the term of probation for a misdemeanor was limited to the maximum term of confinement allowable for the offense. In Jaynes, we applied "the same reasoning to felony probations."

  2. Gertz v. State

    No. 10-11-00008-CR (Tex. App. Aug. 30, 2012)   Cited 9 times

    Moreover, we agree with the State's contention that, even if Gertz is correct, his sentence on count two and the trial court' revocation order are still valid. When a community-supervision period exceeds that prescribed by law, an order placing the defendant on community supervision is void only to the extent that it subjects the defendant to probationary supervision beyond that authorized by law. Pedraza v. State, 562 S.W.2d 259, 260 (Tex. Crim. App. 1978). Any violation of the conditions of community supervision that occurred and were alleged in a motion to revoke within the permissible community-supervision period will support a revocation order.