Leonard v. State
Justia.com Opinion Summary: Defendant pleaded guilty to injury to a child and received five years' deferred adjudication and a fine. The conditions of his community supervision included sex offender evaluation and counseling, and required that he submit to, and show no deception on, polygraph tests. The court held that because adjudication hearings were administrative proceedings, in which there was no jury and the judge was not determining guilt of the original offense, the results of polygraph exams were admissible in revocation hearings if such evidence qualified as the basis for an expert opinion under Texas Rule of Evidence 703 and 705(a). Accordingly, the court reversed the court of appeals' reversal of the trial court's finding that defendant violated the terms of his community supervision.
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS PD-0551-10 WILLIAM THOMAS LEONARD, Appellant v. THE STATE OF TEXAS MOTION FOR BAIL PENDING APPEAL PURSUANT TO ARTICLE 44.04(h) TARRANT COUNTY Per curiam. ORDER Appellant pled guilty to injury to a child in Cause No. 0908775D in the 371 st District Court of Tarrant County, his guilt was deferred, and he was placed on five years deferred adjudication community supervision. Appellant’s community supervision was subsequently revoked, his guilt adjudicated, and he was sentenced to seven years confinement. The Eastland Court of Appeals reversed the conviction. Leonard v. State, No. 11-09-00032-CR (Tex. App.–Eastland, April 15, 2010). The State has filed a petition for discretionary review with this Court. Appellant has applied to this Court, pursuant to Article 44.04(h) of the Code of WILLIAM THOMAS LEONARD – 2 Criminal Procedure, to set a reasonable bail pending final determination of the appeal. Accordingly, bail is hereby set in the amount of $20,000.00, and it is ORDERED that the trial court order Appellant released from confinement assessed in this cause upon the posting of bail. Any sureties must be approved by the trial court. IT IS SO ORDERED this the 13th day of December, 2011. DO NOT PUBLISH
