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Johnson v. State

During the defendant's trial for two counts of indecency with a child, it was not within the trial court's discretion to impose jail time as a condition of community supervision immediately after the judge heard an unsworn and un-cross-examined victim allocution that the victim wanted the defendant to go to jail. Code of Criminal Procedure art.42.03 requires that a victim-allocution statement be read after the court has announced the terms and conditions of the sentence.

Johnson v. State No. PD-1187-07Read opinion.