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Scott v. State

Court of Criminal Appeals of Texas
Jan 13, 1971
461 S.W.2d 619 (Tex. Crim. App. 1971)

Opinion

No. 43304.

January 13, 1971.

Appeal from the 24th Judicial District Court, Victoria County, Joe E. Kelly, J.

O. F. Jones, Victoria (Court Appointed), for appellant.

William C. Sparks, Dist. Atty., and D. F. Martinax, Asst. Dist. Atty., Victoria, Jim D. Vollers, State's Atty., Austin, for the State.


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.


Summaries of

Scott v. State

Court of Criminal Appeals of Texas
Jan 13, 1971
461 S.W.2d 619 (Tex. Crim. App. 1971)
Case details for

Scott v. State

Case Details

Full title:Tommy Gene SCOTT, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jan 13, 1971

Citations

461 S.W.2d 619 (Tex. Crim. App. 1971)

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