Presentence Investigation Report Requirements In Texas

Article 42.12, section 9(a) of the Texas Code of Criminal Procedure states "the presentence investigation report must contain a proposed client supervision plan describing programs and sanctions that the community supervision and corrections department would provide the defendant if the judge suspended the imposition of the sentence or granted deferred adjudication." In Calcote v. State, 931 S.W.2d 668, 668-69 (Tex. App.--Houston [1st Dist.] 1996, no pet.), the court encountered this issue and found the term "must" gives mandatory, rather than discretionary effect to the statute. Accordingly, the court found the trial court erred in considering the report over the objection of counsel. See id. at 670.