holding that, when an appeal is taken, the terms of community supervision do not commence until the appellate mandate has issued and the judgment is final
How later courts described this case
- holding that, when an appeal is taken, the terms of community supervision do not commence until the appellate mandate has issued and the judgment is final
- holding “[wjhere an appeal is taken, the terms of probation do not commence until the mandate of this court is issued” and citing former section 8 of article 42.12, Texas Code of Criminal Procedure
- probation may not be revoked for acts committed while order granting probation is on appeal because probation has not commenced
- where appeals had been taken
Written by the judges who cited it.
The opinion
ROBERTS, Judge
(concurring).
Although I concur in the results the majority reaches today, I must vigorously disagree with the precise manner in which the statute is upheld. I believe that the court is in error in severing from the statute the term “word” and summarily holding that portion of the law unconstitutional. I remain convinced that there are conceivable circumstances where a person could be validly prosecuted for publicly casting contempt, or defiling a -flag, by use of words coupled with acts, when the acts separated from the words would not be sufficient.