Gutierrez v. Texas (Original)
Annotate this CaseThe trial court revoked the appellant's community supervision because she failed to comply with a condition that required her either to obtain legal status to remain in this country within twelve months or else "leave the country and reside in a location where [she does] have a legally authorized status." The appellant failed to object to this condition at the time it was imposed and twice requested an extension of the time allotted for her to comply with it before the State filed its motion to revoke. The Court of Appeals nevertheless reversed the trial court's revocation order, holding that the community supervision condition that she leave the country "could not be enforced" because it invaded the prerogative of the federal government to decide whether to remove illegal immigrants from the United States. In its brief on discretionary review, the State challenged the court of appeals's interpretation of the controlling case law in this matter. Finding no error in the appellate court's interpretation, the Supreme Court affirmed.
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