Smith v. State

There is a fundamental misconception underlying the reasoning of the court of appeals, viz:

“Further, the language in the statute giving the trial court jurisdiction for 180 days 'from the date the execution of the sentence actually begins’ means the date the sentence is pronounced.”

Smith v. State, 762 S.W.2d 235 (Tex.App.—Houston [1st] 1988), at 236-237. For me it is clear enough the Legislature neither provided nor intended that phrase be thus construed. Williamson v. State, 676 S.W.2d 428 (Tex.Cr.App.1984) (dissenting opinion, at 429-430).

“The ‘shock’ is being incarcerated in a penitentiary…