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I need to know when probation begins after a mandate is issued when the D was convicted of multiple sentences. The other sentences were prison terms and all were concurrent.

Does the probation begin after the mandate is received by the trial court? Or does the probation begin when the D is initially sentenced to prison?

Thanks for your help!
 
Posts: 1 | Location: Galveston County | Registered: February 06, 2014Reply With QuoteReport This Post
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Probation doesn't begin until after the mandate issues. Ross v. State, 523 S.W.2d 402, 405 (Tex. Crim. App. 1975); Delorme v. State, 488 S.W.2d 808, 810 (Tex. Crim. App. 1973); Smith v. State, 478 S.W.2d 518, 520 (Tex. Crim. App. 1972)
 
Posts: 1108 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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I agree it doesn't begin until after the mandate issues.

But does it begin on the mandate date or the day the Court signs the order after mandate?
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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looks like under Goodson v. State 221 SW3d 303---the defendant doesn't have to be put on notice of the mandate. The terms of his probation start the day the clerk of the trial court gets the mandate.

But what if there was an order after mandate dated 2 years after the mandate was actually issued and in that order after mandate the Trial Court stated that probation started on the date the defendant was initially found guilty?

This message has been edited. Last edited by: rk,
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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