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IVEY v. STATE

No. PD-0552-08.

277 S.W.3d 43 (2009)

Mark William IVEY, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 11, 2009.

Attorney(s) appearing for the Case

Adam Reposa, Austin, for Appellant.

Gisell Horton, Assistant County Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

PRICE, J., delivered the opinion of the Court in which MEYERS, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.

We are called upon in this case to decide whether Article 42.12 of the Texas Code of Criminal Procedure confers upon a defendant a right to avoid being placed on community supervision.1 We hold that a trial court may place an eligible defendant on community supervision even if the defendant has elected...

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