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Arlene Laureles v. State
Citation: Not availableDocket: 13-13-00535-CR
Court: Court of Appeals of Texas; April 24, 2014; Texas; State Appellate Court
Original Court Document: View Document
Arlene Laureles appealed the trial court's order that continued her community supervision while modifying its conditions to require her entry into a Substance Abuse Felony Punishment Facility (SAFPF). The background of the case involves Laureles being arrested for driving while intoxicated, during which officers discovered cocaine on her person. She had initially participated in a diversion program but was terminated for non-compliance. After pleading guilty to possession of cocaine, she was placed on deferred adjudication community supervision for two years. The State later filed a motion alleging violations of the terms of her supervision due to subsequent DWI offenses, which Laureles admitted. The trial court's modification of her supervision conditions to include SAFPF was challenged by Laureles on the grounds that it constituted cruel and unusual punishment under the Eighth Amendment, particularly due to her responsibilities as a caregiver for minor children. However, the State contended that the court lacked jurisdiction to hear this appeal, citing precedent that there is no legal basis for direct appeals from orders modifying community supervision conditions. The court agreed with the State, referencing applicable case law, and ultimately dismissed the appeal for lack of jurisdiction. The court noted that Laureles had not pursued a writ of habeas corpus for relief from the modified supervision order, which is a required procedural step under Texas law.