Delafuente, Jesse Galindo
Court of Criminal Appeals of Texas
1Opinion of the CourtKeller, P.J.
In this case, we address what happens to a timely filed notice of appeal from an original judgment of conviction when a trial court subsequently grants "shock probation." We hold that the granting of shock probation-even if labeled a "judgment"-does not undermine the validity of a timely filed notice of appeal from the original conviction.
I. BACKGROUND
Appellant was convicted of evading arrest or detention with a vehicle and sentenced to ten years in prison. The trial court pronounced its sentence on October 31, 2016. On November, 8, 2016, Appellant filed a notice of appeal from the judgment…
2Cases cited2 opinions
- Smith, FernandoCourt of Criminal Appeals of Texas · 2018
- Shortt v. StateCourt of Criminal Appeals of Texas · 2018