Lovill v. State - 13th COA
The trial court improperly found that the pregnant defendant did not
sustain her burden of proof in showing an Equal Protection / selective
prosecution violation involving a modification of her probation that sent her to
a SAFP facility. The court should have required the State to respond to the Equal
Protection claim and should have determined the appropriate level of scrutiny.
The court also should have made specific findings of fact and conclusions of law
to set out its ruling on whether the State met its burden of proof to justify
its allegedly discriminatory treatment of the defendant based upon her status as
a pregnant woman. Lovill v. State - 13-07-00529-CR.
