[Download] "Jesse James Smith v. State Texas" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Jesse James Smith v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 16, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant pleaded guilty to the offense of robbery and was sentenced to 10 years confinement in the Texas Department of Corrections. On February 10, 1988, he was remanded into the custody of the sheriffs department "until such time as the Sheriff can obey the directions of this sentence." Although the judgment specified that he was to serve his sentence in the custody of the Department of Corrections, a shortage of space forced the sheriff to continue holding appellant in the county jail. On June 1, a hearing was conducted on appellants motion for probation (shock probation V.A.C.C.P. art. 42.12 § 3e(a)) after execution of his sentence. The trial court granted appellants motion, and appellant was soon released pursuant to the courts order. Appellant was never transferred to the Texas Department of Corrections. The State appealed this grant of probation, see V.A.C.C.P., Art. 44.01, and the First Court of Appeals affirmed the judgment of the trial court. We granted the States petition for discretionary review to determine "whether a trial court may grant shock probation when the defendant has never served any of his sentence in the Texas Department of Corrections." We will reverse the judgment of the Court of Appeals.