Madrid v. State
Madrid v. State
Opinion of the Court
OPINION.
This is an appeal from a revocation of probation. Appellant initially entered a plea of guilty to the offense of burglary of a vehicle in the 120th District Court. A subsequent State’s motion to revoke was assigned by the judge of the 120th District Court to the El Paso Criminal Law Magistrate for hearing and possible sentencing. The magistrate, upon hearing the evidence, revoked probation and sentenced Appellant to seven years’ imprisonment. We affirm.
Appellant’s sole point of error asserts that the hearing, finding and sentence by the El Paso Criminal Law Magistrate violated Tex.Code Crim.Pro.Ann. art. 42.12, secs. 5(a) and (b) (Vernon Supp. 1988). The statement of facts reflects an express waiver of any arguable right to have the revocation proceeding heard by the district judge himself and of any objection to the hearing before the magistrate. The present complaint was not preserved for appellate review. Stephenson v. State, 500 S.W.2d 855 (Tex.Crim.App. 1973).
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.