Legal Opinion

Delafuente, Jesse Galindo

Court of Criminal Appeals of Texas

Decided April 10, 2019No. PD-0710-18PublishedCited by 2 opinions

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

  1. Smith, FernandoCourt of Criminal Appeals of Texas · 2018
  2. Shortt v. StateCourt of Criminal Appeals of Texas · 2018

3Cited by2 opinions

  1. Jesse Galindo Delafuente v. State, Texas Court of Appeals, 10th District (Waco)2019
  2. The State of Texas v. Ryan Wayne Tedford, Texas Court of Appeals, 2nd District (Fort Worth)2025

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