Guzman v. State

I concur with the majority opinion that the trial court retained jurisdiction under Tex.Code Crim.Pro.Ann. arts. 42.031 and 42.033 to chango the terms of the sentence insofar as it involves a work release program.

I respectfully dissent from the Court’s determination that due process rights do not attach to a change of the sentence and that habeas corpus is not an appropriate remedy to determine due process violations in the sentencing process. In Ex parte Walker, 599 S.W.2d 332 (Tex.Crim.App. 1980), the movant sought habeas corpus relief from a misdemeanor charge of theft which resulted in…