OPINION
ONION, Presiding Judge.
This is an appeal from an order revoking probation. On January 23, 1976, the appellant entered a guilty plea to an indictment [513]*513charging burglary in a bench trial and his punishment was assessed at seven (7) years’ imprisonment. He was placed on probation following the suspension of the imposition of sentence subject to certain conditions, including a requirement that he not violate the penal laws of this state, etc.
On April 18, 1977 the State filed a three count motion to revoke probation. At a hearing on said motion on June 10,1977, the State abandoned the first two counts and the appellant pled “true” to the third count charging unlawfully carrying a weapon, a club. Without hearing evidence, the record reflects:
“THE COURT: The Court finds that’s true and probation you received January twenty-third, Nineteen-seventy-six is revoked, but I will not impose sentence at this time. I will delay that action until some further date. I hope that I don’t have to take that action. I wish you the best of luck.
“DEFENDANT: Thank you, Your Hon- or.”
The docket sheet reflects:
“Sentence deferred; defendant to serve 4 months Co. jail.”1
No written order of revocation was then entered.
On August 17,1977 the appellant’s conditions of probation were modified, and he was ordered to report in person to his probation officer once every two weeks, “while on probation.” It was obvious that appellant was then released from jail. A probation revocation data sheet dated December 3, 1977 reflects that appellant was arrested for public intoxication on November 30, 1977, and that upon being booked, a baggie of marihuana and “PCP” were found on his person. The data sheet noted appellant’s probation was “revoked — deferred” and requested sentencing “due to the fact of this recent arrest for the above charges.” On December 12, 1977 the State filed a motion requesting sentencing and alleging that after sentence was deferred the appellant was found in possession of a controlled substance, phencyclidine, possession of marihuana, and was found intoxicated in a public place. A warrant was ordered issued for his arrest by the trial court.
On January 16, 1977 appellant appeared in court with his court-appointed counsel, who questioned the procedure that had been used. On January 23,1977 appellant’s counsel urged his motion to quash the State’s motion for sentencing. The motion was overruled and the State was ordered to file a motion to revoke. On January 31, 1978, at 9:30 a. m., the State filed its first amended motion to revoke probation. At 11:45 a. m. on that date, the appellant was before the court, who stated that in light of appellant’s plea of “true” to the third count of the earlier revocation motion on June 10, 1977 sentence would be imposed and it was. Notice of appeal was given. The court then stated it would not act on the first amended motion to revoke probation and hold it in abeyance to see if its action was “vacated” by the Court of Criminal Appeals. Thereafter for the first time, a written order revoking probation was entered.
Article 42.12, § 8(a), provides in part:
“If the defendant has not been released on bail, on motion by the defendant the court shall cause the defendant to be brought before it for a hearing within 20 days of filing of said motion, and after a hearing without a jury, may either continue, modify or revoke the probation If probation is revoked, the court may proceed to dispose of the case as if there had been no probation . . .”
It is clear from the statute that upon a revocation hearing the discretion to either continue, modify or revoke rests in the discretion of the trial judge. Wise v. State, 477 S.W.2d 578 (Tex.Cr.App.1972); Soliz v. State, 171 Tex.Cr.R. 376, 350 S.W.2d 566 (1961); Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W.2d 59 (1955). If, however, pro[514]*514bation is revoked, the trial judge is to proceed as if there had been no probation.
What did the trial judge do here? Did he continue the appellant on probation or did he revoke probation on June 10, 1977? He orally stated he was revoking probation, but he entered no written revocation at the time and did not impose sentence. In fact, he stated to the appellant that he hoped he didn’t have to take that action. The docket sheet then reflects the appellant was ordered to serve four months in county jail. Just why this was done is not clear from the record. It does not show whether the judge intended this as some form of shock probation, see Article 42.12, § 6b, V.A.C. C.P.,2 or whether appellant was confined by an agreement with the District Attorney.3
Under any circumstances, on August 17,1977, the appellant’s conditions of probation were modified and he was released subject to such conditions. He was not sentenced, and appellant’s case was not disposed of as if there had been no probation. In effect what the court did was to continue the appellant on probation. After the filing of the probation revocation data sheet and the State’s motion requesting sentencing which set forth alleged violations of probation, the trial judge ordered a warrant issued for appellant’s arrest. Later, he instructed the State to file a motion to revoke probation, which it did, as a first amended motion for revocation. The trial judge did not act upon said motion but held it in abeyance, sentencing appellant, over protest, relying on his plea of true at the earlier revocation hearing on June 10, 1977.
In Wester v. State, 542 S.W.2d 403 (Tex.Cr.App.1976), the question presented (from the same trial court) was whether a trial judge following a revocation hearing may continue a defendant on probation (although there is an adequate basis for revocation) and then subsequently upon report of another probationary violation revoke probation without motion by the State or a hearing basing the revocation upon the ground shown at the earlier hearing. We concluded he could not.
In Wester the defendant entered a plea of “true” to the first count of the revocation motion and the other two were abandoned by the State. The trial judge announced that the defendant would be continued on probation, modified the conditions of probation requiring Wester to serve thirty days in jail. To the order amending the probationary conditions were found the words “No Reduction if Revoked” and “Automatic Revocation if any other Violation.” Subsequently upon learning of a new theft charge against Wester the court made a docket sheet entry that probation was revoked and a few days later sentenced West-er based on his plea of “true” at the earlier revocation hearing at which time Wester had been continued on probation.
In Wester this court stated:
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OPINION
ONION, Presiding Judge.
This is an appeal from an order revoking probation. On January 23, 1976, the appellant entered a guilty plea to an indictment [513]*513charging burglary in a bench trial and his punishment was assessed at seven (7) years’ imprisonment. He was placed on probation following the suspension of the imposition of sentence subject to certain conditions, including a requirement that he not violate the penal laws of this state, etc.
On April 18, 1977 the State filed a three count motion to revoke probation. At a hearing on said motion on June 10,1977, the State abandoned the first two counts and the appellant pled “true” to the third count charging unlawfully carrying a weapon, a club. Without hearing evidence, the record reflects:
“THE COURT: The Court finds that’s true and probation you received January twenty-third, Nineteen-seventy-six is revoked, but I will not impose sentence at this time. I will delay that action until some further date. I hope that I don’t have to take that action. I wish you the best of luck.
“DEFENDANT: Thank you, Your Hon- or.”
The docket sheet reflects:
“Sentence deferred; defendant to serve 4 months Co. jail.”1
No written order of revocation was then entered.
On August 17,1977 the appellant’s conditions of probation were modified, and he was ordered to report in person to his probation officer once every two weeks, “while on probation.” It was obvious that appellant was then released from jail. A probation revocation data sheet dated December 3, 1977 reflects that appellant was arrested for public intoxication on November 30, 1977, and that upon being booked, a baggie of marihuana and “PCP” were found on his person. The data sheet noted appellant’s probation was “revoked — deferred” and requested sentencing “due to the fact of this recent arrest for the above charges.” On December 12, 1977 the State filed a motion requesting sentencing and alleging that after sentence was deferred the appellant was found in possession of a controlled substance, phencyclidine, possession of marihuana, and was found intoxicated in a public place. A warrant was ordered issued for his arrest by the trial court.
On January 16, 1977 appellant appeared in court with his court-appointed counsel, who questioned the procedure that had been used. On January 23,1977 appellant’s counsel urged his motion to quash the State’s motion for sentencing. The motion was overruled and the State was ordered to file a motion to revoke. On January 31, 1978, at 9:30 a. m., the State filed its first amended motion to revoke probation. At 11:45 a. m. on that date, the appellant was before the court, who stated that in light of appellant’s plea of “true” to the third count of the earlier revocation motion on June 10, 1977 sentence would be imposed and it was. Notice of appeal was given. The court then stated it would not act on the first amended motion to revoke probation and hold it in abeyance to see if its action was “vacated” by the Court of Criminal Appeals. Thereafter for the first time, a written order revoking probation was entered.
Article 42.12, § 8(a), provides in part:
“If the defendant has not been released on bail, on motion by the defendant the court shall cause the defendant to be brought before it for a hearing within 20 days of filing of said motion, and after a hearing without a jury, may either continue, modify or revoke the probation If probation is revoked, the court may proceed to dispose of the case as if there had been no probation . . .”
It is clear from the statute that upon a revocation hearing the discretion to either continue, modify or revoke rests in the discretion of the trial judge. Wise v. State, 477 S.W.2d 578 (Tex.Cr.App.1972); Soliz v. State, 171 Tex.Cr.R. 376, 350 S.W.2d 566 (1961); Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W.2d 59 (1955). If, however, pro[514]*514bation is revoked, the trial judge is to proceed as if there had been no probation.
What did the trial judge do here? Did he continue the appellant on probation or did he revoke probation on June 10, 1977? He orally stated he was revoking probation, but he entered no written revocation at the time and did not impose sentence. In fact, he stated to the appellant that he hoped he didn’t have to take that action. The docket sheet then reflects the appellant was ordered to serve four months in county jail. Just why this was done is not clear from the record. It does not show whether the judge intended this as some form of shock probation, see Article 42.12, § 6b, V.A.C. C.P.,2 or whether appellant was confined by an agreement with the District Attorney.3
Under any circumstances, on August 17,1977, the appellant’s conditions of probation were modified and he was released subject to such conditions. He was not sentenced, and appellant’s case was not disposed of as if there had been no probation. In effect what the court did was to continue the appellant on probation. After the filing of the probation revocation data sheet and the State’s motion requesting sentencing which set forth alleged violations of probation, the trial judge ordered a warrant issued for appellant’s arrest. Later, he instructed the State to file a motion to revoke probation, which it did, as a first amended motion for revocation. The trial judge did not act upon said motion but held it in abeyance, sentencing appellant, over protest, relying on his plea of true at the earlier revocation hearing on June 10, 1977.
In Wester v. State, 542 S.W.2d 403 (Tex.Cr.App.1976), the question presented (from the same trial court) was whether a trial judge following a revocation hearing may continue a defendant on probation (although there is an adequate basis for revocation) and then subsequently upon report of another probationary violation revoke probation without motion by the State or a hearing basing the revocation upon the ground shown at the earlier hearing. We concluded he could not.
In Wester the defendant entered a plea of “true” to the first count of the revocation motion and the other two were abandoned by the State. The trial judge announced that the defendant would be continued on probation, modified the conditions of probation requiring Wester to serve thirty days in jail. To the order amending the probationary conditions were found the words “No Reduction if Revoked” and “Automatic Revocation if any other Violation.” Subsequently upon learning of a new theft charge against Wester the court made a docket sheet entry that probation was revoked and a few days later sentenced West-er based on his plea of “true” at the earlier revocation hearing at which time Wester had been continued on probation.
In Wester this court stated:
“Likewise, it follows that when a revocation proceeding has been had and the defendant continued on probation in the discretion of the court (although there was an adequate basis for revocation demonstrated at the hearing), the continuation cannot subsequently be arbitrarily withdrawn at the whim of the trial court or upon mere fact of arrest. To hold otherwise would violate due process, due course of the law of the land and fundamental fairness. The record here clearly supports the fact that the trial judge automatically revoked upon learning of a new arrest and erred in so doing.
“We cannot conclude that the attempt in the formal revocation order to base the revocation on appellant’s plea of ‘true’ at the hearing where he was continued on probation calls for a different result.”
The fact situation is slightly different in the instant case than in Wester, but the trial judge was attempting the same results [515]*515and continuing the same practice attempting to avoid the effects of Wester. For the same reasons set forth in Wester we set aside the order of revocation. Sappington v. State, 508 S.W.2d 840 (Tex.Cr.App.1974), and Bass v. State, 501 S.W.2d 643 (Tex.Cr.App.1973), are distinguished for the same reasons set forth in Wester. Traylor v. State, 561 S.W.2d 492 (Tex.Cr.App.1978), is also distinguishable on its facts.
If a revocation hearing had been conducted upon the State’s first amended motion to revoke probation filed just prior to sentencing and the sufficient proof on any of the counts of that motion had been offered, the question before us would never have been presented.
The State relies upon Ex parte Miller, 552 S.W.2d 164 (Tex.Cr.App.1977). There this court held that despite an order of revocation a defendant is still subject to the conditions of probation pending an appeal. This is so because the appeal in effect suspends the order of revocation until the mandate of this court is issued. Miller thus can have no application to the instant case where there was no sentence imposed and no appeal.
The judgment is reversed and remanded.