Smith v. Texas (original by judge newell)Annotate this Case
Appellant Fernando Smith filed a notice of appeal after he was adjudicated and sentenced in open court. While his appeal was pending (and before he filed his brief), Smith filed a motion for shock probation. When the trial court granted the motion, Smith attempted to appeal that as well, relying upon the general notice of appeal he had filed before he filed his motion for shock probation. The court of appeals dismissed Smith’s appeal because he did not file a separate notice of appeal after the order granting shock probation. The Texas Court of Criminal Appeals found the general notice of appeal from adjudication and sentencing did not act as a place holder notice for any appealable order that comes from the trial court’s actions thereafter. In the absence of a notice of appeal from the order granting shock probation, the court of appeals properly dismissed the appeal.