A trial court lacks the power to act without subject matter and personal jurisdiction, which is an absolute systemic requirement that may be raised for the first time on appeal.
After a defendant was sentenced to prison for indecency with a child, the trial court later granted a motion for shock community supervision. The State appealed, arguing the trial court lacked jurisdiction because the defendant's offense rendered her ineligible for such supervision. Although the State did not object during the initial hearing, the court held that jurisdiction is an absolute systemic requirement that may be raised for the first time on appeal. Because the trial court lost personal jurisdiction thirty days after sentencing and the shock community supervision statute did not provide a new source of authority, the court lacked the power to enter the order.
At page 780 Defining trial court jurisdiction and its requirements210 citing cases“the term 'jurisdiction' refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.”
- State v. Lakesia Keyon Brent, 615 S.W.3d 667 (Tex. App.—Houston [1st Dist.] 2020).published (A trial court’s jurisdiction over a criminal case consists of the power of the court over the subject matter of the case, conveyed by statute or constitutional provision . . . .)
- State v. Holloway, 360 S.W.3d 480 (Tex. Crim. App. 2012).published(The term 'jurisdiction' refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved. . . . If there is no jurisdiction, the court has no power to act.)
- State of Texas v. Rodrigo Andres Martinez, No. 08-24-00174-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Carlos Alberto Gimenez, No. 08-24-00198-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Deiker David Ramirez, No. 08-24-00209-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Angel Eduardo Quintero, No. 08-24-00169-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Fausto Romario Jimenez, No. 08-24-00182-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Angelo Moises Polanco, No. 08-24-00170-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Kevin Jose Iriarte, No. 08-24-00183-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Enderson Jose Silva, No. 08-24-00165-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
Show 186 more citing cases
- State of Texas v. Juan Carlos Presbi, No. 08-24-00190-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Lenin Anton Suarez, No. 08-24-00188-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Luis Eduardo Gonzalez, No. 08-24-00208-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Ezer Antonio Montiel, No. 08-24-00185-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Aldemaro Raiael Perez, No. 08-24-00195-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Diego Jesus Rivas, No. 08-24-00205-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Jelkel Michel Hernandez, No. 08-24-00189-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Luis Fernando Ortiz, No. 08-24-00177-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Emilioranon Torres, No. 08-24-00201-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Luis Jose Mora, No. 08-24-00176-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Eyler Roll Morejon, No. 08-24-00187-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Luis Angel Gonzalez, No. 08-24-00173-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Ramon Heberto Ruiz, No. 08-24-00166-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Josue Rafael Romero, No. 08-24-00167-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Roberto Alonzo Garcia, No. 08-24-00162-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Elvis Stefano Torres, No. 08-24-00163-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Omar Rafael Gonzalez, No. 08-24-00184-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Cristian Eduardo Rodriguez, No. 08-24-00202-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Julio Enrique Vega, No. 08-24-00161-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Rafael Angel Gonzalez Fernandez, No. 08-24-00159-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Angel Gabriel MacHado, No. 08-24-00199-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Melvin Ismael Zurita, No. 08-24-00155-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Emilio Jose Henriquez, No. 08-24-00181-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Eligio Jose Hernandez, No. 08-24-00213-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Josbeiker Jose Viloria, No. 08-24-00156-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Crisner Enrique Gonzalez, No. 08-24-00200-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Asael Daniel Polanco, No. 08-24-00196-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Luis Ignacio Vasquez, No. 08-24-00197-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Darwin Ramon Jimenez, No. 08-24-00204-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Jose Esteban Valeriano, No. 08-24-00193-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Jose Antonio Torrelles, No. 08-24-00164-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Wilson Salvado Palencia, No. 08-24-00171-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Eleazar Isaac Pacheco, No. 08-24-00194-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Gustavo Andres Robles, No. 08-24-00207-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Pin Yhonson Martinez, No. 08-24-00210-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Jose Dario Paz, No. 08-24-00179-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Ulises Jose Oliveros, No. 08-24-00172-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Carlos Andres Rubio, No. 08-24-00192-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Daniel Alexander Pereira, No. 08-24-00206-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- State of Texas v. Miguel Angel Garcia, No. 08-24-00175-CR (Feb. 18, 2026).published Applicable law (1) Law on jurisdiction “The term ‘jurisdiction’ refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved.” State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App…
- Julio Garcia Jimenez v. State, 446 S.W.3d 544 (Tex. App.—Houston [1st Dist.] 2014).published
- In re Johnica Lynn Pryor, No. 12-14-00048-CR (Tex. App.—Tyler Nov. 7, 2014).published
- Steve Lee Dorsey v. State, No. 01-13-01022-CR, 2014 WL 6602517 (Tex. App.—Houston [1st Dist.] Nov. 20, 2014).unpublished
- Blair Duane Wright v. State, No. 03-10-00367-CR (Tex. App.—Austin Apr. 24, 2012).published
- Jamie Edward Johnson v. State, No. 03-12-00006-CR (Tex. App.—Austin May 4, 2012).published
- Juan Angel Flores v. State, No. 13-11-00373-CR (Tex. App.—Corpus Christi Sept. 4, 2014).unpublished
- State v. Herbert Jarmon, No. 13-13-00434-CR (Tex. App.—Corpus Christi Mar. 20, 2014).unpublished
- Roberto Sanchez v. State, 418 S.W.3d 302 (Tex. App.—Fort Worth 2013).published
- Jeffery Willard Sprayberry v. State, No. 02-10-00315-CR, 2012 Tex. App. LEXIS 3303 (Tex. App.—Fort Worth Apr. 26, 2012).published
- William Kyle Burton v. State, No. 02-11-00144-CR (Tex. App.—Fort Worth Mar. 29, 2012).unpublished
- Charise Lynne Davis Logan v. State, 484 S.W.3d 579 (Tex. App.—Fort Worth 2016).published
- Michael Wayne Griffith v. State, No. 08-13-00242-CR (Tex. App.—El Paso Apr. 22, 2016).published
- State v. Feliciano Villarreal Perez, 494 S.W.3d 901 (Tex. App.—Corpus Christi 2016).published
- Tramayne Davis v. State, No. 05-15-00552-CR (Tex. App.—Dallas July 12, 2016).unpublished
- Tramayne Davis v. State, No. 05-15-00553-CR (Tex. App.—Dallas July 12, 2016).unpublished
- Christopher Leverson v. State, No. 03-15-00091-CR (Tex. App.—Austin Aug. 30, 2016).unpublished
- Turner, Albert James, No. WR-80,559-02 (Tex. Crim. App. Jan. 21, 2015).published
- Wesley Perkins v. State, No. 03-14-00733-CR (Tex. App.—Austin Feb. 4, 2015).published
- Bolivar, Randall, No. WR-79,354-03 (Tex. Crim. App. May 13, 2015).published
- In re the State of Texas ex rel. John F. Healey, Jr., Dist. Attorney, 268th Jud. Dist. v. Honorable Brady G. Elliott, Judge 268th Dist. Court, Real Party in Interest Albert James Turner, No. WR-82,875-02 (Tex. Crim. App. Feb. 13, 2015).published
- In re the State of Texas ex rel. John F. Healey, Jr., Dist. Attorney, 268th Jud. Dist. v. Honorable Brady G. Elliott, Judge 268th Dist. Court, Real Party in Interest Albert James Turner, No. WR-82,875-01 (Tex. Crim. App. Feb. 13, 2015).published
- Barnett, Raymond Earl, No. PD-1454-15 (Tex. Nov. 9, 2015).unpublished
- Christopher William Mann v. State, No. 06-15-00163-CR (Tex. Crim. App. Nov. 6, 2015).published
- State v. Feliciano Villarreal Perez, No. 13-15-00367-CR (Tex. App.—Corpus Christi Nov. 20, 2015).published
- Glen Leach v. State, No. 13-15-00551-CR (Tex. App.—Corpus Christi Feb. 2, 2017).unpublished
- Untitled Texas Attorney Gen. Opinion, No. GA-0992 (Tex. Att'y Gen. July 2, 2013).published
- Eli Madison III v. State, No. 02-16-00151-CR (Tex. App.—Fort Worth Jan. 18, 2018).unpublished
- State v. Graham D. Garfield-Bentsen, No. 13-17-00611-CR (Tex. App.—Corpus Christi June 28, 2018).unpublished
- Jenkins, Deondre Javqueen, No. PD-0086-18 (Tex. Crim. App. Dec. 5, 2018).published
- Kevin L. Bierwirth v. State, No. 03-17-00314-CR (Tex. App.—Austin Feb. 13, 2019).unpublished
- Charlene Ballard v. State, No. 02-19-00310-CR (Tex. App.—Fort Worth Jan. 30, 2020).unpublished
- Brandon Oneal Andrews v. State, No. 01-19-00825-CR (Tex. App.—Houston [1st Dist.] Nov. 24, 2020).unpublished
- Danita Carol Thetford v. State, No. 02-18-00488-CR (Tex. App.—Fort Worth Jan. 28, 2021).unpublished
- State v. Aaron James Temple, 622 S.W.3d 592 (Tex. App.—Houston [14th Dist.] 2021).published
- State v. Aaron James Temple, 622 S.W.3d 592 (Tex. App.—Houston [14th Dist.] 2021).published
- Brent, Lakesia Keyon, No. PD-0020-21 (Tex. Crim. App. Oct. 20, 2021).published
- James Logan Diez v. State of Texas, No. 03-21-00043-CR (Tex. App.—Austin Apr. 28, 2022).unpublished
- Holden Douglas Crucet v. State of Texas, 658 S.W.3d 799 (Tex. App.—Waco 2022).published
- Jacquelyn Gail Wright v. State of Texas, No. 02-22-00035-CR (Tex. App.—Fort Worth Mar. 30, 2023).unpublished
- State of Texas v. Daniel Solis, No. 13-22-00457-CR (Tex. App.—Corpus Christi–Edinburg May 25, 2023).unpublished
- Aaron Rojas Jr. v. State of Texas, No. 02-22-00039-CR (Tex. App.—Fort Worth June 22, 2023).unpublished
- Anthony Terrell Clifton v. State of Texas, No. 01-22-00641-CR (Tex. App.—Houston [1st Dist.] Aug. 24, 2023).unpublished
- Flores, Roberto Medina v. State of Texas, 679 S.W.3d 695 (Tex. Crim. App. 2023).published
- James Gambrell, Jr. v. State of Texas, No. 10-23-00234-CR (Tex. App.—Waco Mar. 7, 2024).unpublished
- James Gambrell, Jr. v. State of Texas, No. 10-23-00181-CR (Tex. App.—Waco Mar. 4, 2024).unpublished
- Jayla Sherley v. State of Texas, No. 05-23-00196-CR (Tex. App.—Dallas Mar. 27, 2024).unpublished
- Quentin Gerard Bonakies v. State of Texas, No. 02-23-00305-CR (Tex. App.—Fort Worth June 6, 2024).unpublished
- Alvaro Padilla v. State of Texas, 698 S.W.3d 589 (Tex. App.—Houston [14th Dist.] 2024).published
- Zyshon Gerrod Murphy v. State of Texas, No. 02-24-00156-CR (Tex. App.—Fort Worth Apr. 17, 2025).unpublished
- In the Interest of J.S., a Child v. the State of Texas, No. 02-24-00564-CV (Tex. App.—Fort Worth May 22, 2025).published
- State of Texas v. Yoni Leonardo Delacruz, No. 08-24-00290-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Yeferson Acosta, No. 08-24-00283-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Yanderlis Carolina Vargas, 723 S.W.3d 153 (Tex. App. 2025).published
- State of Texas v. Yalimet Orozco, 723 S.W.3d 1 (Tex. App. 2025).published
- State of Texas v. Victor Rafael Silva, 723 S.W.3d 414 (Tex. App. 2025).published
- State of Texas v. Valeria Del Carmen Ramirez, 723 S.W.3d 523 (Tex. App. 2025).published
- State of Texas v. Scarleth Brahiany Maldonado, 723 S.W.3d 371 (Tex. App. 2025).published
- State of Texas v. Sandra Belinda Figueroa, 723 S.W.3d 218 (Tex. App. 2025).published
- State of Texas v. Rudy Rodolfo Cardoza, 722 S.W.3d 916 (Tex. App. 2025).published
- State of Texas v. Robinson Javier Colmenarez, 724 S.W.3d 328 (Tex. App. 2025).published
- State of Texas v. Robin Geovanny Almanza, 724 S.W.3d 46 (Tex. App. 2025).published
- State of Texas v. Neil Antonio Diaz, No. 08-24-00291-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Michelle Stefanie Satian, 723 S.W.3d 501 (Tex. App. 2025).published
- State of Texas v. Maria Roa, 723 S.W.3d 458 (Tex. App. 2025).published
- State of Texas v. Maria Auxiliadora Torres, 723 S.W.3d 175 (Tex. App. 2025).published
- State of Texas v. Manuegly Yali Carrasquero, 723 S.W.3d 262 (Tex. App. 2025).published
- State of Texas v. Luis Eduardo Acosta, No. 08-24-00244-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Lina Vanessa Imbachi, 723 S.W.3d 610 (Tex. App. 2025).published
- State of Texas v. Leonelys Antonella Rea, 723 S.W.3d 22 (Tex. App. 2025).published
- State of Texas v. Kenia Nairelbis Garcia, No. 08-24-00292-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Katherine Del Carmen Hernandez, No. 08-24-00260-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Karen Jose Melendez, 723 S.W.3d 109 (Tex. App. 2025).published
- State of Texas v. Karen Damaris Villalta, 723 S.W.3d 544 (Tex. App. 2025).published
- State of Texas v. Juan Carlos Arrieta, 724 S.W.3d 241 (Tex. App. 2025).published
- State of Texas v. Josue David Delacruz, No. 08-24-00289-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Joseph Gregory Espinoza, 723 S.W.3d 284 (Tex. App. 2025).published
- State of Texas v. Jose Agustin Aponte, 724 S.W.3d 263 (Tex. App. 2025).published
- State of Texas v. Johan Andre Alvarez, No. 08-24-00277-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Jim Roav Arellano, No. 08-24-00279-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Jhonathan Andres Corona, 724 S.W.3d 307 (Tex. App. 2025).published
- State of Texas v. Javier Fernando Agufelo, 724 S.W.3d 176 (Tex. App. 2025).published
- State of Texas v. Jacqueline Teresa Sanchez, No. 08-24-00235-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Heidy Darlyn Diaz, No. 08-24-00226-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Gerson Daniel Carrillo, 724 S.W.3d 90 (Tex. App. 2025).published
- State of Texas v. Gabriela Del Carmen Reyes, No. 08-24-00234-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Gabriel Enriquez Escalante, 723 S.W.3d 240 (Tex. App. 2025).published
- State of Texas v. Frailin Alejandra Ramos, 723 S.W.3d 436 (Tex. App. 2025).published
- State of Texas v. Evelyn Aurora Meza, 724 S.W.3d 3 (Tex. App. 2025).published
- State of Texas v. Elotina Patterson, No. 08-24-00300-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Eleonor Maria Sanchez, No. 08-24-00269-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Edelvis Jose Boscan, 724 S.W.3d 24 (Tex. App. 2025).published
- State of Texas v. Dicnory Martinez, No. 08-24-00230-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Dennis Andres Chala, 724 S.W.3d 350 (Tex. App. 2025).published
- State of Texas v. Carlos Arturo Camero, 724 S.W.3d 68 (Tex. App. 2025).published
- State of Texas v. Carlos Alfredo Angarita, 724 S.W.3d 155 (Tex. App. 2025).published
- State of Texas v. Birmania Del Rocio Rosero Falconi, 723 S.W.3d 196 (Tex. App. 2025).published
- State of Texas v. Angel Jose Cedeno, 724 S.W.3d 111 (Tex. App. 2025).published
- State of Texas v. Ana Iris Escobar, 723 S.W.3d 588 (Tex. App. 2025).published
- State of Texas v. Alexis Jose Acuna, 724 S.W.3d 871 (Tex. App. 2025).published
- State of Texas v. Alexa Paola Zambrano, 723 S.W.3d 131 (Tex. App. 2025).published
- State of Texas v. Albert Julian Bravo, No. 08-24-00285-CR (Tex. App. Aug. 27, 2025).published
- State of Texas v. Yohana Ines Barrera, 722 S.W.3d 894 (Tex. App. 2025).published
- State of Texas v. Marianna Rismar Barco, 722 S.W.3d 873 (Tex. App. 2025).published
- Carlus Qualls v. State of Texas, No. 02-24-00403-CR (Tex. App.—Fort Worth Aug. 26, 2025).unpublished
- State of Texas v. Yefrey Antonio Bravo, 724 S.W.3d 285 (Tex. App. 2025).published
- State of Texas v. Pedro Saniago Diaz, No. 08-24-00253-CR (Tex. App. Aug. 28, 2025).published
- State of Texas v. Noel Eliezer Duarte, 724 S.W.3d 459 (Tex. App. 2025).published
- State of Texas v. Kevin David Diaz, No. 08-24-00252-CR (Tex. App. Aug. 28, 2025).published
- State of Texas v. Jose Roberto Chichande, 724 S.W.3d 524 (Tex. App. 2025).published
- State of Texas v. Gilber Andres Avirama, 724 S.W.3d 415 (Tex. App. 2025).published
- State of Texas v. Francisco Antonio Contreras, 724 S.W.3d 546 (Tex. App. 2025).published
- State of Texas v. Wuilliams Alexander Cedeno, No. 08-24-00249-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. William Jose Freites, No. 08-24-00256-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Santiago Salomon Ibanez, No. 08-24-00241-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Samid Gabriel Hernandez, No. 08-24-00296-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Ronaldo Martinez Maita, No. 08-24-00298-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Miguel Angel Labaut, No. 08-24-00297-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Mervin Raul Hernandez, No. 08-24-00261-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Mario Wladimir Gonzalez, No. 08-24-00295-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Juan Jose Pichardo, No. 08-24-00302-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Jose Alejandro Vezga, No. 08-24-00273-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Jordan Manuel Maita, No. 08-24-00281-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Jeison Javier Gonzalez, No. 08-24-00258-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Hilario Javier Gonzalez, No. 08-24-00294-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Henry Patricio Archig, No. 08-24-00278-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Geomar Jesus Ramirez, No. 08-24-00264-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Elia Jose Gonzalez, No. 08-24-00293-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Edwin Oswaldo Rivas, No. 08-24-00267-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Edixon Javier Garcia, No. 08-24-00242-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Angelo Gomez, No. 08-24-00257-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Andry Rafael Acosta, No. 08-24-00275-CR (Tex. App. Sept. 8, 2025).published
- State of Texas v. Anderson Jose Gutierrez, No. 08-24-00259-CR (Tex. App. Sept. 8, 2025).published
- Rutilio Godines v. State of Texas, No. 09-23-00284-CR (Tex. App.—Beaumont Sept. 24, 2025).unpublished
- THOMSON, WADE HARRELL v. State of Texas, 727 S.W.3d 200 (Tex. Crim. App. 2025).published
- State of Texas v. Yordan Jesus Quintero, No. 08-24-00191-CR (Feb. 18, 2026).published
- State of Texas v. Victor Manuel Escalante, No. 08-24-00158-CR (Feb. 18, 2026).published
- State of Texas v. Sebastian Andres Quintero, No. 08-24-00168-CR (Feb. 18, 2026).published
- State of Texas v. Oscar Albino Marin, No. 08-24-00186-CR (Feb. 18, 2026).published
- State of Texas v. Luis Antonio Velasquez, No. 08-24-00157-CR (Feb. 18, 2026).published
- State of Texas v. Jose Sneyder Ordonez, No. 08-24-00178-CR (Feb. 18, 2026).published
- State of Texas v. Jonathan Johao Quinonez, No. 08-24-00203-CR (Feb. 18, 2026).published
- State of Texas v. Heider Jefred Palacios, No. 08-24-00180-CR (Feb. 18, 2026).published
- State of Texas v. Elisaul Ismith Mendez, No. 08-24-00212-CR (Feb. 18, 2026).published
- State of Texas v. Carlos Osmin Mejia, No. 08-24-00211-CR (Feb. 18, 2026).published
- State of Texas v. Aldair Miller Valenxia, No. 08-24-00160-CR (Feb. 18, 2026).published
- Zachary Jabe Riley v. State of Texas, No. 13-23-00359-CR (Mar. 16, 2026).published
At page 781 Jurisdictional challenge to trial court's sentencing authority3 citing cases“In view of the foregoing, we conclude that the trial court, at the time it placed Dunbar on shock community supervision, lacked the jurisdiction to do so.”
- Burg, James Allan Ii, No. PD-0527-18 (Tex. Crim. App. Jan. 29, 2020).published
- State v. Crispen Hanson, No. 08-15-00205-CR (Tex. App.—El Paso Mar. 27, 2020).published
- State v. Robinson, 498 S.W.3d 914 (Tex. Crim. App. 2016).published
v.
Wendy R. DUNBAR, Appellee
delivered the opinion of the unanimous Court.
The court of appeals held that the State was not barred from complaining for the first time on appeal that the trial court lacked jurisdiction to place appellee Wendy R. Dunbar on shock community supervision. We affirm.
On August 7,1996, a Montgomery County grand jury returned an indictment charging Dunbar with the felony offense of indecency with a child. See Tex. Pen.Code § 21.11. On June 6, 1997, Dunbar pled nolo contendere to the charge. On that same date, the trial court deferred adjudication of Dunbar’s guilt and placed her on community supervision for a period of ten years.
On April 18, 2007, the State filed a motion to adjudicate Dunbar’s guilt. In its motion, the State alleged that Dunbar had violated several terms of her community supervision. On May 17, 2007, the trial court held a hearing on the State’s motion. At that hearing, Dunbar pled “true” to five of the allegations in the State’s motion. On September 5, 2007, the trial court adjudicated Dunbar guilty of indecency with a child and assessed her punishment at im[*779] prisonment for four years. Dunbar did not appeal or file a motion for new trial. [1]
On December 6, 2007, Dunbar filed a motion for shock community supervision. On February 14, 2008, the trial court granted Dunbar’s motion and placed her on shock community supervision for a period of one year. On March 3, 2008, the State filed a notice of appeal.
On direct appeal, the State complained that Dunbar was statutorily ineligible for shock community supervision and, therefore, the trial court had lacked jurisdiction to place her on shock community supervision. Dunbar responded, in relevant part, that the State had “failed to object” in the trial court [2] to the trial court’s placement of her on shock community supervision and, therefore, the State had “waiv[ed] preservation of error” under Texas Rule of Appellate Procedure 33.1. [3]
The court of appeals accepted the State’s substantive argument, rejected Dunbar’s procedural argument, vacated the trial court’s order placing her on shock community supervision, and “remand[ed] the case to the trial court with instructions to carry out the sentence previously imposed.” State v. Dunbar, 269 S.W.3d 693, 696 (Tex.App.-Beaumont 2008). With respect to Dunbar’s procedural argument, the court of appeals held that “the issue raised by the State is not subject to procedural default.” Ibid.
Dunbar later filed a petition for discretionary review that asserted two grounds for review, the second of which we granted. [4] See Tex.R.App. Proc. 66.3(d). In her brief, Dunbar argues that the court of appeals erred in rejecting her procedural argument because, under Rule 33.1, “the State should be required to object at the trial court level to preserve the issue of improperly granting [shock] probation on a 3g offense in order to appeal that improper grant to the Court of Appeals.” [5] In its reply brief, the State argues that “[a] trial court lacks jurisdiction to suspend a prison[*780] sentence months after a defendant has begun serving it, unless the shock probation statute is applicable,” and in this case, according to the State, the shock probation statute was not applicable because of the nature of Dunbar’s offense.
Rule 33.1 provides that as a prerequisite to presenting a complaint for appellate review, the record must show that the complaint was made to the trial court by a specific and timely request, objection, or motion. See Gillenwaters v. State, 205 S.W.3d 534, 537 (Tex.Crim.App.2006) (discussing Rule 33.1). But Rule 33.1 does not apply to rights which are waivable only or to absolute systemic requirements, the violation of which may still be raised for the first time on appeal. Marin v. State, 851 S.W.2d 275, 280 (Tex.Crim.App.1993).
Trial court jurisdiction over a case is an absolute systemic requirement. Id. at 279. Thus, Rule 33.1 did not prohibit the State in this case from raising a jurisdictional complaint for the first time on appeal. But was the State’s complaint here truly jurisdictional?
The term “jurisdiction” refers to the power of a court to hear a controversy and make decisions that are legally binding on the parties involved. Dears v. State, 154 S.W.3d 610, 612 (Tex.Crim.App.2005); 21 C.J.S. Courts § 9 (2006). If there is no jurisdiction, the court has no power to act. Garcia v. Dial, 596 S.W.2d 524, 528 (Tex.Crim.App.1980).
A trial court’s jurisdiction over a criminal case consists of “the power of the court over the ‘subject matter’ of the case, conveyed by statute or constitutional provision, coupled with ‘personal’ jurisdiction over the accused, which is invoked in felony prosecutions by the filing of [an] indictment or information if indictment is waived.” Fairfield v. State, 610 S.W.2d 771, 779 (Tex.Crim.App.1981). If no community supervision is imposed, no motion for new trial or in arrest of judgment is filed, and no appeal is taken, then the trial court’s personal jurisdiction over the accused terminates thirty days after sentencing. See Collins v. State, 240 S.W.3d 925, 927 (Tex.Crim.App.2007); McClinton v. State, 121 S.W.3d 768, 769 n. 1 (Tex.Crim.App.2003) (Cochran, J., concurring); Tex. R.App. Proc. 21.4 & 22.3. Consequently, beyond that thirty-day period, “a source of jurisdiction must be found to authorize the trial court’s orders.” State v. Patrick, 86 S.W.3d 592, 595 (Tex.Crim.App.2002) (plurality op.).
In the instant case, the trial court acquired personal jurisdiction over Dunbar when the indictment against her was filed on August 7, 1996. The trial court lost personal jurisdiction over Dunbar thirty days after the trial court sentenced her on September 5, 2007. Was there a source of jurisdiction to authorize the trial court’s February 14, 2008, order placing Dunbar on shock community supervision?
Dunbar was convicted of indecency with a child under Texas Penal Code § 21.11. Article 42.12, § 3g, of the Texas Code of Criminal Procedure provides that a person convicted of indecency with a child is ineligible for “regular” community supervision. And Article 42.12, § 6(a)(1), provides that a person who is ineligible for regular community supervision is also ineligible for shock community supervision. Ex parte Austin, 746 S.W.2d 226, 229 (Tex.Crim.App.1988); G. Dix & R. Dawson, 43A Texas Practice Series: Criminal Practice and Procedure §§ 39.43 & 39.63 (2nd ed. 2001). Thus, the trial court in this case did not reacquire personal jurisdiction over Dunbar by virtue of the shock community supervision statute, and we know of no other possible source of jurisdiction.
[*781] In view of the foregoing, we conclude that the trial court, at the time it placed Dunbar on shock community supervision, lacked the jurisdiction to do so. Therefore, the State’s complaint in the court of appeals was truly jurisdictional and could properly be raised for the first time in that court.
We overrule Dunbar’s ground for review and affirm the judgment of the court of appeals.
. In her brief to the court of appeals, Dunbar argued that she had "agreed to the four year assessment of punishment without argument in exchange for assurances from the trial court through her attorney of record that she would have an opportunity for shock probation.” Nothing in the record substantiates this claim, however. If Dunbar in fact entered her pleas of “true" based upon a misunderstanding or misrepresentation, then she may wish to seek relief through a post-conviction application for a writ of habeas corpus. We express no opinion on the merits of such a possible claim.
. In its brief to this Court, the State points out that the case record contains "no court reporter's record of either the hearing on the State's motion to adjudicate guilt or any hearing that may have occurred on [Dunbar's] motion for shock probation.” Thus, the record does not reflect whether the State acquiesced in or objected to the trial court's placement of Dunbar on shock community supervision.
. Rule 33.1(a)(1)(A) provides:
"As a prerequisite to presenting a complaint for appellate review, the record must show that the complaint was made to the trial court by a timely request, objection, or motion that stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context.”
. Dunbar's second ground for review reads: "Did the court of appeals err in holding that the State did not waive [its] right to appeal by not objecting to the trial court placing [Dunbar] on probation at the time the court ordered the shock probation?”
. Dunbar's reference to a "3g offense” is a reference to those offenses, specified in Texas Code of Criminal Procedure article 42.12, § 3g(a)(l), which render a defendant ineligible for regular community supervision or shock community supervision. See discussion, infra.