Article IV, Section 11A of the Texas Constitution (" ... ")
Added August 24, 1935:
The Courts of the State of Texas having original jurisdiction of criminal actions shall have the power, after conviction, to suspend the imposition or execution of sentence and to place the defendant upon probation and to reimpose such sentence, under such conditions as the Legislature may prescribe.
Editor Comments
None.
Recent Decisions
None.
Historic Decisions
- State ex rel. Smith v. Blackwell, 500 S.W.2d 97, 101 (Tex.Crim.App. 1973) (footnote omitted) ("This has long been a maxim of constitutional law. If there has been any remission of the Governor's power of clemency after conviction in criminal cases, it is to be found in Article IV, Section 11A, Vernon's Ann. St. Constitution, which provides: '. . . .' This section of the Constitution is a limited grant of clemency to the courts by the people and does not encompass the general authority to grant commutation and pardons. The section itself has been held not to be self-enacting. State v. Klein, 154 Tex.Cr.R. 31, 224 S.W.2d 250 (1949).")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (multi-volume and up-to-date resource available at all law and many municipal libraries)
- The Texas State Constitution: A Reference Guide (one-volume resource available at most law and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (two-volume resource available at most law and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (resource published online and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (resource published online and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (resource published online and regularly updated by the Legislative Reference Library)