In Ivey v. State, 277 S.W.3d 43; 2009 Tex. Crim. App. LEXIS 234, the Court said:
"In the instant case, the defendant elected to go to the jury for punishment. Then he made a deliberate decision not to file a sworn motion seeking community supervision because he specifically did not want the jury to have the option to recommend it. The question is whether it was within the trial court's authority to place him on community supervision anyway. For the following reasons, we hold that it was."

SB 1278 seeks to reverse Ivey. Passed the Senate. Pending in a House committee, awaiting a hearing.

Well, seems Mr. Ivey is now a poster boy for what is wrong with probation: details.