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Pamela Dawn Ries v. State

Citation: Not availableDocket: 13-12-00652-CR

Court: Court of Appeals of Texas; December 4, 2013; Texas; State Appellate Court

Original Court Document: View Document

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Pamela Dawn Ries entered an open plea of guilty to felony driving while intoxicated with felony repetition and was sentenced to ten years’ confinement, which was suspended in favor of ten years of community supervision. A condition of her supervision mandated that she remain in a Substance Abuse Felony Punishment Facility (SAFP) for up to one year, starting when bed space became available. The trial court also required her to remain in the Tarrant County jail until a bed became available.

Ries appealed, arguing that the trial court unlawfully imposed a jail sentence exceeding 180 days, contrary to Texas Code of Criminal Procedure article 42.10, section 12(a). The court referenced precedent, specifically Speth v. State and Rickels v. State, establishing that defendants must object to conditions of community supervision at trial to preserve the right to challenge them on appeal. Since Ries did not object to the conditions when they were imposed, she waived her right to contest them.

The court emphasized that Ries had the opportunity to voice objections during the trial, which she did not exercise. Consequently, the appellate court affirmed the trial court's judgment, rejecting Ries's appeal.