David Cortez v. the State of Texas ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00099-CR
DAVID CORTEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2019-2049-C1
MEMORANDUM OPINION
In this matter, appellant, David Cortez, challenges the trial court’s denial of his pro
se “Motion for Imposition of Community Supervision (Shock Probation).” “The right to
appeal is conferred by the Legislature, and a party may appeal only that which the
Legislature has authorized.” Dodson v. State, 988 S.W.2d 833, 834 (Tex. App.—San
Antonio 1999, no pet.) (citing Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993)).
There is no statutory authority for appealing from an order denying shock probation. See
Houlihan v. State, 579 S.W.2d 213, 216 (Tex. Crim. App. 1979); Basaldua v. State, 558 S.W.2d
2, 5 (Tex. Crim. App. 1977); see also Dodson, 988 S.W.2d at 834 (holding that an appellate
court lacks jurisdiction to hear an appeal from the denial of a motion for shock probation).
Therefore, because the denial of a motion for shock probation is not an appealable order,
we dismiss this appeal for lack of jurisdiction.1
JOHN E. NEILL
Justice
Before Chief Justice Gray,
Justice Neill,
and Justice Johnson
Appeal dismissed
Opinion delivered and filed May 12, 2021
Do not publish
[CR25]
1It is also noteworthy that the record contains the trial court’s certification of appellant’s right of
appeal, which indicates that appellant has waived his right of appeal.
Cortez v. State Page 2