Valenciano v. State

In Valenciano v. State, 720 S.W.2d 523 (Tex. Crim. App. 1986), the defendant was convicted of indecency with a child who lived in his neighborhood. The trial judge imposed a condition that the defendant stay away from his family residence. The Court held that "the condition unreasonably impinges on [the defendant's] freedom without forwarding society's interest in assuring his presence in any way." Valenciano, 720 S.W.2d at 525. The Court held that the conditions must strike a balance between society's interest in assuring that the defendant will appear if and when his conviction becomes final and the defendant's interest in remaining free pending appeal. Id. at 525.