McMillan v. State
| Decision Date | 29 January 1958 |
| Docket Number | No. 29486,29486 |
| Citation | 166 Tex.Crim. 15,310 S.W.2d 116 |
| Parties | Jimmy A. McMILLAN, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Dunnam, Dunnam & Dunnam, Waco, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
This is an appeal from the revocation of probation.
The record before us reveals that the appellant was convicted of the offense of driving while intoxicated in the County Court at Law of McLennan County on February 6, 1954. He plead guilty to the offense of driving while intoxicated as a second offender in the District Court of Hill County on February 28, 1957, and received probation. He did not appeal this conviction. On June 20, 1957, he was arrested for driving while intoxicated in Bosque County, and the probation formerly granted him was revoked; and he brings this appeal. The sufficiency of the evidence introduced at the hearing on revocation is not challenged, and we deem the same sufficient to support the order of revocation.
This Court has held in Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W.2d 59, that the Adult Probation and Parole Law, Vernon's Ann.C.C.P. art 781b, Sec. 5, authorizes an appeal when probation is granted and that a probationer who does not avail himself of such right of appeal waives the same.
In view of this holding, we must confine ourselves to a determination of whether the trial judge abused his discretion in revoking the probation.
The judgment is affirmed.
Judge DAVIDSON remains convinced of the soundness of his views expressed in his dissent in Gossett, supra, and is of the opinion that we should consider this as an appeal from the felony conviction and not limit the same to the revocation of probation.
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Ex parte Renier
...in other cases, that the conviction will become unappealable if not taken within the time prescribed by law. See, McMillan v. State, 166 Tex.Cr.R. 15, 310 S.W.2d 116 (1958); Pitts v. State, 442 S.W.2d 389 (Tex.Cr.App.1969).25 Today, the sentence is a part of the judgment, not an instrument ......
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Hoskins v. State
...265 S.W.2d 589; Graves v. State, 158 Tex.Cr.R. 429, 256 S.W.2d 576; Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W.2d 59; McMillan v. State, 166 Tex.Cr.R. 15, 310 S.W.2d 116, Rash v. State, 168 Tex.Cr.R. 33, 323 S.W.2d 53; Miller v. State, 168 Tex.Cr.R. 570, 330 S.W.2d 466; Stratmon v. State, ......
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Ex parte Sanders
...63rd Leg., ch. 464, p. 1269, § 1. An appeal not taken from conviction when probation is granted is waived, McMillan v. State, 166 Tex.Cr.R. 15, 310 S.W.2d 116 (Tex.Cr.App.1958), and the only issue thereafter is whether in revoking probation the trial court abused it's discretion, Pitts v. S......
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Stratmon v. State, 31544
...258 S.W.2d 804; Dunn v. State, 159 Tex.Cr.R. 520, 265 S.W.2d 589; Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W.2d 59; McMillan v. State, Tex.Cr.App., 310 S.W.2d 116. The law relating to the granting and revocation of probation was thus settled by the 1947 statutes and the above holdings of t......