Motion for Shock Probation Example In Texas
In Stasey v. State, 683 S.W.2d 705 (Tex. Crim. App. 1985), a defendant had filed a motion for shock probation 43 days after his sentence began, but specifically requested that no hearing be held until after the sixtieth day. See Stasey, 683 S.W.2d at 706.
The trial court nevertheless granted shock probation early before the expiration of sixty days after sentencing. See id.
We held that because the trial court granted the motion before jurisdiction attached, the defendant was entitled to credit for the time spent on shock probation prior to his becoming eligible, but he was not entitled to credit for time spent on shock probation after he was eligible since his motion requested release the day jurisdiction attached. See Stasey, 683 S.W.2d at 708.
The rationale for granting relief in Stasey was that a defendant should not be penalized if the relief he requests is proper, and only through the improper actions of the trial court does the order become void. See id. at 708.
This rationale expressly rejected the previously employed "moving factor" analysis which would have denied the defendant any time credit for an erroneous release to shock probation. See id.