Mercer v. Texas

Appellant Melissa Mercer pled guilty to debit-card abuse and was placed on community supervision for five years. On numerous occasions, the trial court amended Appellant’s conditions of community supervision sua sponte and without a hearing. Appellant signed each order amending the conditions of her community supervision. Later, the trial court held a hearing with Appellant, defense counsel, and the prosecutor present, revoked Appellant’s community supervision, and sentenced her to two years’ confinement. The judge also ordered her to pay the costs she had failed to pay as conditions of her community supervision, including payment of her outstanding fine, court costs, and reimbursement for costs of her confinement in county jail while she was on community supervision. At the revocation hearing, Appellant stipulated to evidence proffered by the State and pled true to all alleged violations of her conditions of community supervision, including failing to pay her fine, court costs, and reimbursement as ordered as conditions of her community supervision. The issue this case presented for the Court of Criminal Appeals' review was whether a defendant was required to reimburse the county for the cost of her incarceration in county jail as a condition of her community supervision. However, because the Court concluded the court of appeals incorrectly analyzed the relevant issue in this case, it vacated the court of appeals and remanded this case for reconsideration. View "Mercer v. Texas" on Justia Law