Legal Opinion

Ex Parte Shields

Court of Criminal Appeals of Texas

Decided May 18, 1977No. 53479Published

1Opinion

ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding which was filed and submitted. On original submission this court held that *673the sentence imposed in 1971 was untimely pronounced and, though this question was not raised, this court did not have jurisdiction to affirm the direct appeal in 1971. The affirmance was set aside, the mandate withdrawn and the cause was remanded to the trial court for re-sentencing. On rehearing the State vigorously urges that the sentence was voidable only, not void, and hence not subject to collateral attack. We…

2Cases cited36 opinions

  1. Crawford v. McDonaldTexas Supreme Court · 1895
  2. Cherb v. StateCourt of Criminal Appeals of Texas · 1971
  3. Clayton v. HurtTexas Supreme Court · 1895
  4. Steel v. StateCourt of Criminal Appeals of Texas · 1970
  5. Ex Parte McKayCourt of Criminal Appeals of Texas · 1917

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