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In re Cherry

Case Conclusion Date: 07.10.2008

Practice Area: Appeals

Outcome: Court of Appeals reversed trial court

Description: Cherry was prosecuted after absconding with her child to flee an abusive ex-husband. She pled guilty to the offense of interference with child custody in a plea bargain agreement with the State. The punishment agreed to and recommended to the court was that Cherry would receive three years' deferred adjudication to begin on October 18, 2004. After the three-year period expired on October 18, 2007, the trial court signed a new order declaring that there was a mistake in the first order and that Cherry's term of probation actually began on October 18, 2005, effectively extending her probation by one year. Cherry, represented by Mr. Parsley, appealed. The court of appeals reversed the trial court, holding that the trial court could not unilaterally extend the term of Cherry's probation.

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