Hello,

"42.12 section 6 provides continuing court jurisdiction for 180 days from the date the execution of the sentence actually begins...."

An issue has come up regarding the actual start date of "shock" time. Is anyone aware of a CCP case more recent than Smith v. State, 789 S.W. 2d 590, (1990)? Or a more recent appellate court decision than Neugebauer v. State, 266 S.W.3d 137 (2008). The court in Neugebauer seems to disagree with the ruling from the Court of Criminal Appeals in Smith.

My position is the date begins the date the defendant is actually transferred to the custody of TDC.

Thank you for any assistance,

John

Case law has long interpreted the statutory language to have the sentence begin as soon as the defendant is placed in custody, even if that means the local county jail. Compare that to the language for state boot camp (a form of shock probation) that specifies arrival at a prison.

For latest case law and cites, see The Perfect Plea, Chapter on Community Supervision.

Thank you for the reference to one more appellate decision from the Court of Appeals in Houston. I'm aware of the language distinction between the two sections with the subsequent amendments.

When the decision in Smith was handed down and the court looked to the legislative intent, it is my understanding (as cited by the dissenting opinion and the subsequent Houston opinion you cite in the Perfect Plea) the language had already been changed in the statute at issue.

So I take it the Court of Criminal Appeals has not addressed this specific issue since Smith?