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

Summary

The Court of Criminal Appeals reversed the Court of Appeals and remanded, holding that a sentence based on an unauthorized probation order is void, that such a defect may be raised on direct appeal, and that the proper remedy is withdrawal of the guilty plea and a return to the original positions of the parties. Justice Miller, dissenting, argued that only the unauthorized portion of the judgment is void and that the case should be remanded without withdrawing the plea.