Smith, Fernando

Newell, J., delivered the opinion of the Court in which Keller, P.J., Keasler, Hervey, Alcala, Richardson, Yeary and Walker, JJ., joined.

Appellant, Fernando Smith, filed a notice of appeal after he was adjudicated and sentenced in open court. While his appeal was pending (and before he filed his brief), Smith filed a motion for shock probation in the trial court. When the trial court granted the motion, Smith attempted to appeal that as well, relying upon the general notice of appeal he had filed before he filed his motion for shock probation. The court of appeals dismissed Smith's appeal…