Texas v. Hanson

A trial court entered two orders granting shock probation. The orders were identical except that the second order was styled as an “Amended Order,” containing additional findings of fact, and it was signed at a later time. Both orders suspended further implementation of Appellee Crispen Hanson's prison sentence and placed him on probation. The State appealed the second order, and the court of appeals dismissed the appeal for want of jurisdiction, concluding that only the first order granting shock probation was appealable. The issue before the Texas Court of Criminal Appeals was whether the court of appeals erred when it decided that the second order was not an appealable order. Because the Court concluded that it was an appealable order under Article 44.01(a)(2) of the Code of Criminal Procedure, it reversed the judgment of the court of appeals and remanded the case for the court of appeals to consider the merits of the State’s appeal. View "Texas v. Hanson" on Justia Law