Scott v. State

Court of Criminal Appeals of Texas

Scott v. State

461 S.W.2d 619, 1971 Tex. Crim. App. LEXIS 1839

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 13, 1971

Docket43304

StatusPublished

Cited by16 cases

This text of 461 S.W.2d 619 (Scott v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. State, 461 S.W.2d 619, 1971 Tex. Crim. App. LEXIS 1839 (Tex. 1971).

Pincite

Opinion

OPINION

ONION, Presiding Judge.

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.

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