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State v. Cody Joe Posey
Citation: Not availableDocket: 06-09-00040-CR
Court: Court of Appeals of Texas; October 20, 2009; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the Sixth Appellate District of Texas reviewed the trial court's order granting Cody Joe Posey shock community supervision following his conviction for two counts of criminally negligent homicide. The State appealed the trial court's decision, arguing that Posey's affirmative deadly weapon finding rendered him ineligible for community supervision under Texas law, specifically Article 42.12. The court determined that the deadly weapon finding meant that Section 3g(a)(2) barred the trial court from ordering community supervision. The court stated that the trial court erred in concluding that Posey was "otherwise eligible" for such supervision. Consequently, the order for shock community supervision was deemed improper. The court refused Posey's request to reform the written judgment to reflect an illegally pronounced twenty-two-month sentence, affirming that the trial court lacked authority to reduce the sentence below the legal punishment range. The court vacated the shock community supervision order, reinstated the original judgment from November 21, 2008, which revoked Posey’s community supervision and imposed a two-year confinement sentence, and remanded the case with instructions to enforce the two-year sentence as reflected in the written judgment.