Michael Anthony Heath, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals held that a sentence of probation is void when the defendant is ineligible for court‑ordered probation, that a void sentence may be raised on direct appeal even if not raised at trial, and that the proper remedy is to withdraw the guilty plea and remand for a new indictment; the Court reversed the Court of Appeals and remanded. Justice Miller dissented, arguing that the conviction should stand and only the punishment be reformed.