Houlihan v. State

OPINION

CLINTON, Judge.

What is denominated an appeal comes to us after the court below heard a motion to reduce sentence filed by petitioner and declined to grant relief. The motion invoked the “shock probation” provisions of Article 42.12, Section 3e, V.A.C.C.P. The ruling of the court was verbally amplified as follows:

“THE COURT: I think it’s a jurisdictional question. The fact that he had probation and a motion to revoke his probation was filed, and he appealed it through the court of this state removes it from this Court’s jurisdiction as to whether or not he can get probation again.…