461 S.W.2d 619 - Scott v. State

How this case has been cited

Cited by 11 later decisions — most recently November 2001

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 OPINION

ONION, Presiding Judge.

¶2 This is an appeal from an order of the 24th District Court revoking probation.

¶3 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.

¶4 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.

¶5 The appeal is dismissed. Kazmir v. State, supra.