# Delorme v. State

> Court of Criminal Appeals of Texas · January 10, 1973 · 488 S.W.2d 808

URL: https://www.frixlaw.com/law-library/cases/9763862

## Case

- **Full name:** Daniel Ray DELORME, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 10, 1973
- **Citations:** 488 S.W.2d 808; 1973 Tex. Crim. App. LEXIS 2002
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberts
- **Judges:** Dally, Roberts
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9763862

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763862. Public record. Not legal advice.