Shortt, Bernard Winfield, PD-0597-15

Appellant Bernard Shortt pled guilty to burglary of a habitation and received seven years’ deferred adjudication with $9,085 restitution.
During 2013 revocation proceedings, the court adjudicated guilt and sentenced to ten years, with restitution not orally pronounced in the judgment.
In October 2013, the court granted shock probation, suspended the sentence, placed Shortt on five years’ probation, and ordered restitution as a condition of probation (Restitution: $6,178, payable $110 monthly).
Shortt appealed the restitution provision in the shock probation order.
The appellate court dismissed the appeal for lack of jurisdiction because an appeal from a shock probation order is not statutorily authorized for review under article 42.12, and jurisdiction cannot be created by agreement.
The Texas Court of Criminal Appeals reviewing court agreed and dismissed the appeal for want of jurisdiction, noting the lack of statutory authority to review shock probation orders and the absence of a proper avenue to challenge restitution in this context.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate court has jurisdiction to review the shock probation restitution order.	Shortt argues restitution was improperly included.	State contends lack of statutory authority to review shock probation.	No jurisdiction; appeal dismissed for want of jurisdiction.

Perez v. State, 938 S.W.2d 761 (Tex. App.—Austin 1997, pet. ref’d) (dismissing appeal from shock probation challenges; lack of appellate jurisdiction)
Pippin v. State, 271 S.W.3d 861 (Tex. App.—Amarillo 2008) (shock probation appeal; lack of jurisdiction)
Houlihan v. State, 579 S.W.2d 213 (Tex. Crim. App. 1979) (dismissing appeal of order denying shock probation)
Basaldua v. State, 558 S.W.2d 2 (Tex. Crim. App. 1977) (dismissing appeal of modification of shock probation conditions)
Roberts v. State, 940 S.W.2d 655 (Tex. Crim. App. 1996) (cannot confer jurisdiction by agreement; subject-matter jurisdiction required)