the probationary period had expired. Id. at 520. The Court of Criminal Appeals, noting that the Texas Legislature had statutorily granted a right to appeal a misdemeanor conviction at the time the defendant is placed on probation, held the State’s argument would “effectively deny the appellant of a right clearly intended by the Legislature.” Id. (citing former section 8(a) of article 42.13, Texas Code of Criminal Procedure). In order to effectuate that intent, the court held “that when a misdemeanor conviction is appealed the time of probation does not begin to run until the judgment of this Court is final and the mandate is issued by the clerk of this Court.” Id. The following year, the Court of Criminal Appeals held the same rule applies in felony cases. Delorme, 488 S.W.2d at 810 (<HOLDING>). Although there have been substantial changes
holding that because the legislatures postdecision amendments to article 4212 of the texas code of criminal procedure overruled the court of criminal appeals interpretation of thq former version of that statute it was no longer bound by the higher courts preamendment opinion holding that texas legislature has no police power to violate article i section 16 of the texas constitution because section 29 emphatically and unambiguously excepts this power from the powers of the government of the state of texas holding wjhere an appeal is taken the terms of probation do not commence until the mandate of this court is issued and citing former section 8 of article 4212 texas code of criminal procedure holding that preparation of a psi report is discretionary under article 3707 rather than mandatory under article 4212 holding same conduct can be used as element of offense and also serve as basis for a deadly weapon finding under article 4212 section 3ga2 and explaining that to hold otherwise would conflict with the unambiguous language of article 4212 section 3ga2