Smith v. State
During the defendant's sentencing for a violating his community
supervision, the trial court incorrectly reopened the adjudication
hearing and find the allegations of felony aggravated robbery to be
true. The trial court heard testimony regarding the defendant's numerous
community supervision violations and evidence regarding the current
charge for armed robbery. Both the State and the defense rested and
delivered closing arguments. At this point, the argument had concluded.
In allowing the reopening the trial court violated Code of Criminal Procedure art. 36.02.
