Jamie Zeno v. The State of Texas

Summary

The Twelfth Court of Appeals of Texas affirmed Jamie Zeno’s convictions for prohibited substance in a correctional facility and possession of a controlled substance. The court held that Zeno’s double-jeopardy claim could not be considered on appeal from revocation of community supervision and was not clearly apparent from the record. The court also held that challenges to duplicative court costs assessed in the deferred-adjudication orders were procedurally defaulted.

Holdings

1. The court could not consider Zeno's double-jeopardy complaint because it challenged the trial court's original judgments accepting his guilty pleas rather than the propriety of the revocation orders.
2. The record did not establish a double-jeopardy violation clearly apparent on its face, and the court therefore overruled the double-jeopardy issue.
3. Zeno forfeited any challenge to duplicative court costs because he did not timely appeal the orders imposing the costs when he was placed on community supervision.

Questions Presented

1. Whether the appellate court could consider Zeno's double-jeopardy challenge to his underlying convictions in an appeal from revocation and adjudication of community supervision.
2. Whether the record established a double-jeopardy violation clearly apparent on its face or rendered the judgments void.
3. Whether Zeno timely challenged allegedly duplicative court costs assessed in the deferred-adjudication and community-supervision orders.

Disposition

affirmed