In re: Moss

Applicant Jecia Moss pled guilty to aggravated assault and was placed on deferred-adjudication community supervision for five years on October 4, 2000. Her community supervision was subsequently revoked, and she was sentenced to confinement in a state penitentiary. She argued on appeal that the trial court lacked jurisdiction to revoke her supervision and adjudicate her guilty because the motion to adjudicate was not timely filed and the capias was not timely issued. After review, the Court of Criminal Appeals held that because the capias in this case was issued after the expiration of applicant’s period of supervision, the trial court did not retain jurisdiction to proceed to adjudicate applicant guilty and sentence her. In addition, because the trial court lacked jurisdiction to proceed to adjudication, Applicant’s sentence was discharged. Therefore, the Court granted applicant the relief she sought. View "In re: Moss" on Justia Law