Linton v. State

In Linton v. State, 2002 Tex. App (2002), the trial judge pronounced the sentence, explaining the jail time would be probated "for a period of two years under standard conditions of probation and additional conditions." Defense counsel asked, "How many hours of community service, 32 ?" The court responded, "Whatever the standard-you're going to have to get with the probation officer as soon as they get here and make sure these conditions are gone over. . . ." The appellant contended the trial court erred in delegating determination of the specific terms of community supervision to a probation officer. The Court held that although the trial judge did not, in open court, orally list all conditions of probation to be incorporated into the order of probation, she did not delegate to the probation officer the duty of determining the probation conditions. Id. She merely made a ruling and required one of the parties to draft an appropriate order or judgment, which she would sign if it accurately reflected her ruling. The trial judge indicated by signing the document that those were the terms she intended to impose on Appellant. Id.