Scott v. State
Cases that cite this one
12 later published cases cite this decision.
- Cobb v. State (Tex. Crim. App. 1993)
- Bean v. State (Tex. Crim. App. 1978)
- Jordan v. State (Tex. Crim. App. 1977)
- Morgan v. State (Tex. Crim. App. 1974)
- Joey Dee Richter v. State (Tex. App. 2012)
- Boone v. State (Tex. App. 2001)
- Thornton v. State (Tex. Crim. App. 1979)
- Crutchfield v. State (Tex. Crim. App. 1978)
- Tyra v. State (Tex. Crim. App. 1977)
- Conaway v. State (Tex. Crim. App. 1977)
- Savant v. State (Tex. Crim. App. 1976)
- Flores v. State (Tex. Crim. App. 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION
This is an appeal from an order of the 24th District Court revoking probation.
The record reflects that following revocation of probation sentence was imposed and notice of appeal given. A search of such record as well as the supplemental transcript fails to reveal a judgment of the original conviction as required by Article 40.09, Sec. 1, Vernon’s Ann.C. C.P.; Kazmir v. State, Tex.Cr.App., 438 S.W.2d 911; Elliott v. State, Tex.Cr.App., 412 S.W.2d 320.
A "judgment” (Article 42.01, V.A. C.C.P.) and a “sentence” (Article 42.02, V.A.C.C.P.) are not the same thing but distinct and independent. The sentence must be based upon the judgment. Without a judgment the sentence is unauthorized. See 5 Tex.Jur.2d, Appeal and Error —Criminal, Sec. 110, p. 171.
The appeal is dismissed. Kazmir v. State, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.