Hon. Homer Garrison, Jr., 

Director, Department of 

Public Safety 

Austin, Texas 

Dear Sir: 

Opinion No. O-1395 

Re: A suspended sentence 

does not constitutea 

final conviction under 

Article 6687a, R.C.S. 

of Texas. 

This will acknowledge receipt of your letter of 

September 6, 1939, in which you submit for an opinion of 

thls department the question of whether or not a suspended 

sentence given under the Driver's License law constitutes 

a final conviction, making necessary the mandatory suspension or revocation of a driver's or chauffeur's license. 

Paragraph (c), Section 15, of Article 6687a, 

Revised Civil Statutes of Texas 1925, provides: 

*For the purpose of this Act the term, 'convlction,! shall mean a final conviction. Also, for the 

purpose of this Act, a forfeiture of ball or collateral 

deposited to secure a defendant's appearance In court, 

which forfeiture has not been vacated, shall be equivalent to a conviction." 

Paragraph (a), Section 16, of the above mentioned 

article provides that the license of any person shall be 

automatically suspended or revoked upon flnal conviction of 

any of the offenses enumerated therein. Paragraph (b) of 

the same section and article provides that such mandatory 

revocation or suspension shall be for a period of six months 

for the first conviction and for a period of one additional 

year for the second conviction. 

Articles 776 and 776a, Code of Criminal Procedure 

of Texas, 1925, is the authority for the suspension of sentence Imposed in felony cases except those of certain classes 

therein specifically enumerated. 

Article 778, Code of Criminal Procedure of Texas, 

1925, provides that in cases where a suspended sentencz is 

recommended by the jury and the same has been granted . . . 

neither the verdict of convictlon nor the, judgment entered 

thereon shall become final, except in the manner and at the 

time provided in the succeeding artic1es.e 

Article 779, Code of Criminal Procedure of Texas, 

1925, sets out in detail, the manner of making finrd a judgment of conviction wherein a suspended sentence haa been 

granted. It reads: 
Hon. Homer Garrison,Jr., Page 2'(0-1395) 

'Upo;l the final conviction of the defendant of 

any other felony pending the suspension of sentence, 

the court granting such suspension shall cause a 

caplas to issue for the arrest of the defendant, if 

he Is not then in the custody of such court, and 

during a term of the court shall pronounce sentence 

upon the original judgment of conviction, and shall 

cumulate the punishment of the first with the punishment of any subsequent conviction or convictions, 

and In such cases no new trial shall be granted In 

the first conviction." 

that 

Thus it clearly appears from Article 779, supra, 

a sentence imposed upon a defendant and suspended by . . , -. - . 

proper juagment can never oecome rinal except upon tne 

happening of certain events, to-wit, a subsequent final 

conviction of another felony and the revocation of the 

suspension and pronouncement of sentence by the court upon 

such former conviction. 

Article 780, Code of Criminal Procedure further 

reflects the intention of the Legislature that a suspended 

sentence shall not be considered a final conviction. Such 

Article provides: 

"In any case of suspended sentence, at any time 

after the expiration of the time assessed as punishment by the jury, the defendant may make his written 

sworn motion for a new trial and dismissal of such 

case, stating therein that since such former trial 

and conviction he has not been convicted of any felony, 

which motion shall be heard by the court during the 

first term time after same is filed. If it appears 

to the court, upon such hearing, that the defendant 

has not been convicted of any other felony, the court 

shall enter an order reciting the fact, and shall 

grant the defendant a new trial and shall then dlsmles said cause. After the setting aside and dlsmissal of any judgment of conviction as herein provided 

for, the fact of such conviction shall not be shown 

or inquired into for any purpose except in cases 

where the defendant has %een again Indictednfor a 

felony and invokea the benefit of this law. 

Our courts have consistently held that where 

suspended sentences have been granted there is no final 

conviction and no appeal can be had thereon. See Jones 

VS. State, 281 SW 1072; Beerman vs. State, 164 SW 840; 

Hill vs. State, 243 SW 982 and authorities too numerous 

to cite herein. 
Hon. Homer Garrison, Jr., Page 3 (O-1395) 

It is the opinion of this department and you are 

so advised that there IB no mandatory suspension of driver's 

license in the case of conviction wherein a suspended sentence is given unless and until such judgment has become 

final by action of the court in keeping with the terms and 

provisions of Article 779, Code of Criminal Procedure. 

Truating that this satisfactorily answem your 

inquiry, we are 

Very truly yours 

ATTORNEY GERERALOF TEXAS 

By B/ LLOYD ARMSTRONG 

Lloyd Armstrong 

Assistant 

LA:AW- ABM 

APPROVED SEP. 23, 1939 

s/GERALD C.MAHN 

ATTORNEY GENERAL OF TRXAS 

UJF 

APPROVEB OPINION COBEITTRE 

By B.W.B. Chairman