David Cortez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 12, 2021
• Docket: 10-21-00099-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00099-CR

DAVID CORTEZ, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2019-2049-C1

MEMORANDUM OPINION

In this matter, appellant, David Cortez, challenges the trial court’s denial of his pro

se “Motion for Imposition of Community Supervision (Shock Probation).” “The right to

appeal is conferred by the Legislature, and a party may appeal only that which the

Legislature has authorized.” Dodson v. State, 988 S.W.2d 833, 834 (Tex. App.—San

Antonio 1999, no pet.) (citing Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993)).

There is no statutory authority for appealing from an order denying shock probation. See Houlihan v. State, 579 S.W.2d 213, 216 (Tex. Crim. App. 1979); Basaldua v. State, 558 S.W.2d

2, 5 (Tex. Crim. App. 1977); see also Dodson, 988 S.W.2d at 834 (holding that an appellate

court lacks jurisdiction to hear an appeal from the denial of a motion for shock probation).

Therefore, because the denial of a motion for shock probation is not an appealable order,

we dismiss this appeal for lack of jurisdiction.1

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Neill, and Justice Johnson Appeal dismissed Opinion delivered and filed May 12, 2021 Do not publish [CR25]

1It is also noteworthy that the record contains the trial court’s certification of appellant’s right of appeal, which indicates that appellant has waived his right of appeal.

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