No probation for you!

Webb v. State¬†(Unpublished Memo): Webb complains that the trial court didn’t even consider her application for probation of a felony marijuana possession charge.¬† If Webb’s charge is true, the trial judge deprived her of her right to due process under the Constitutions of the United States and the State of Texas.

For starters, Webb waived this complaint by not presenting it to the trial court.  But the Tyler court doesn’t leave it at that.  The Tyler court looks at the merits of Webb’s charge, and finds it without merit.  Unfortunately for Webb, the trial judge had read her application for probation. 

There was something in the application that galled the judge.  Webb had been convicted at a bench trial.  But her application said she was a good candidate for probation because “I never did anything. I’ve never been on nothing.”  Having read that, the trial judge declared:

Yeah[,] you did something, it’s not like you did nothing, you violated the law of this state. … She comes and violates the law and thinks this judge is going to reward it? It ain’t going to be. No. Probation is not appropriate for this defendant under these circumstances.

When Webb started crying, the judge went on:

Late for tears. I could shed some tears too, tears for those who were going to get that marijuana transferred into this county. Yeah, I get tears.

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