Legal Opinion

Carter v. State

Texas Court of Appeals, 5th District (Dallas)

Decided October 27, 1982No. 05-81-00571-CRPublishedCited by 9 opinions

1Opinion of the Court

AKIN, Justice.

This is an appeal from an order of the district court revoking probation in each of the above causes. Because the underlying indictments in each case failed to properly allege an offense under law, the judgments of conviction are void since the trial court lacked jurisdiction. Since the district court lacked jurisdiction to convict, it follows that the court also lacked jurisdiction to revoke probation. Accordingly, the order is reversed and the defendant discharged. We also hold that we have jurisdiction to declare void a judgment rendered where the trial court lacked…

2Cases cited9 opinions

  1. Ramsey v. DunlopTexas Supreme Court · 1947
  2. McCauley v. Consolidated UnderwritersTexas Supreme Court · 1957
  3. Bell v. StateCourt of Criminal Appeals of Texas · 1981
  4. Ex Parte WilsonCourt of Criminal Appeals of Texas · 1979
  5. Determan v. City of Irving, TexasCourt of Appeals of Texas · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mizell v. StateCourt of Criminal Appeals of Texas · 2003
  2. Carter v. StateCourt of Criminal Appeals of Texas · 1983
  3. Perry v. StateCourt of Criminal Appeals of Texas · 1986
  4. Skelton v. State, Texas Court of Appeals, 12th District (Tyler)1983
  5. Perry v. State, Texas Court of Appeals, 1st District (Houston)1984

4 more not listed; retrieve them via the Exa API.

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