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HOULIHAN v. STATE

No. 58386.

579 S.W.2d 213 (1979)

Robert Emmett HOULIHAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 25, 1979.

Attorney(s) appearing for the Case

Dick DeGuerin and Percy Foreman, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III, and Ned B. Morris, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Rehearing En Banc Denied April 25, 1979.

OPINION

CLINTON, Judge.

What is denominated an appeal comes to us after the court below heard a motion to reduce sentence filed by petitioner and declined to grant relief. The motion invoked the "shock probation" provisions of Article 42.12, Section 3e, V.A.C.C.P. The ruling of the court was verbally amplified as follows:

"THE COURT: I think it's a jurisdictional question. The fact that he had probation...

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