Williams v. State’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... Appellant's situation is highly unusual. It is true that he is not eligible for probation. TEX.CODE CRIM.PROC.ANN. art. 42.12, § 3f(a)(l)(D) (Vernon Supp.1985); Rivas v. State, 627 S.W.2d 494 (Tex.App. — San Antonio 1982, pet. ref'd.) Therefore, the trial court’s orders granting probation are void. State ex rel. Curry v. Gray, 599 S.W.2d 630 (Tex.Crim.App.1980). Under these circumstances, the trial court technically possesses the authority to set aside the void portion of the judgment and enter a proper sentence. See Villarreal v. State, 590 S.W.2d 938 (Tex.Crim.App.1979). "The only additional and unusual factor in this case is the considerable amount of time that has passed since the original judgment. While we sympathize with appellant’s plight, we have found no authority allowing him to appeal at this time and in this manner. A direct appeal would lie only from the original judgment of August 17, 1981. Thus we find appellant’s notice of appeal to be untimely; this court therefore has no statutory jurisdiction to hear this case. The proper remedy for appellant is a writ of habeas corpus or a motion for an out-of-time appeal.””

   1 later decision quote this exact passage
   e.g. Ex Parte Williams