Legal Opinion · Dissent

Basaldua v. State

Court of Criminal Appeals of Texas

Decided November 2, 1977No. 54427Published

1DissentDouglas, Judge

This Court does not have jurisdiction to strike a condition of probation where there has been no appeal from the judgment of the original trial and where there has been no motion to revoke probation. After the time for appeal had expired, Basaldua asked the trial judge to delete a condition of probation, and he refused. From the refusal we have this purported appeal.

We do not have jurisdiction. Questions of jurisdiction are fundamentally questions of power. A court has no power to act where jurisdiction does not exist.

Habeas corpus jurisdiction is conferred on this Court by the Texas…

2Cases cited9 opinions

  1. Tamez v. StateCourt of Criminal Appeals of Texas · 1976
  2. Bosley v. StateCourt of Criminal Appeals of Texas · 1967
  3. Ramirez v. StateCourt of Criminal Appeals of Texas · 1972
  4. Rice v. StateCourt of Criminal Appeals of Texas · 1977
  5. Ex Parte GuzmanCourt of Criminal Appeals of Texas · 1977

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