Legal Opinion · Dissent

Jordan v. State

Court of Criminal Appeals of Texas

Decided June 22, 1977No. 54232Published

1DissentOdom, Judge

I dissent to this Court’s exercise of jurisdiction in this appeal because in the absence of a proper sentence we are without power to hear the case on its merits.

Although Article 44.24(b), V.A.C.C.P., authorizes this Court to reform and correct the judgment, the sentence and judgment are not the same thing, but are distinct and independent. Arts. 42.01 and 42.02, V.A.C. C.P.; Morgan v. State, Tex.Cr.App., 515 S.W.2d 278; Scott v. State, Tex.Cr.App., 461 S.W.2d 619. Pronouncement of sentence is jurisdictional for an appeal to this Court, and a purported sentence which does not meet all the…

2Cases cited16 opinions

  1. Ex Parte DickeyCourt of Criminal Appeals of Texas · 1976
  2. Hurd v. StateCourt of Criminal Appeals of Texas · 1977
  3. Ex Parte ShieldsCourt of Criminal Appeals of Texas · 1977
  4. Cunningham v. StateCourt of Criminal Appeals of Texas · 1972
  5. Casias v. StateCourt of Criminal Appeals of Texas · 1973

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