Lovill v. State - 13th COA

The trial court improperly found that the pregnant defendant did not sustain her burden of proof in showing an Equal Protection / selective prosecution violation involving a modification of her probation that sent her to a SAFP facility. The court should have required the State to respond to the Equal Protection claim and should have determined the appropriate level of scrutiny. The court also should have made specific findings of fact and conclusions of law to set out its ruling on whether the State met its burden of proof to justify its allegedly discriminatory treatment of the defendant based upon her status as a pregnant woman. Lovill v. State - 13-07-00529-CR.