Gutierrez v. State
Court of Criminal Appeals of Texas
Gutierrez v. State, 85 S.W.3d 817 (Tex. Crim. App. 2002)
2002 Tex. Crim. App. LEXIS 155; 2002 WL 31023232
Keasler
Gutierrez v. State
Opinion of the Court
We granted review in this and another case to reexamine our doctrine that, if the issue is raised in a probation-revocation hearing held after the period of probation expired, the State must prove it used due diligence in apprehending the probationer. In the other case, we adhered to the doctrine. See Peacock v. State, 77 S.W.3d 285 (Tex.Cr.App.,2002). The court of appeals employed the doctrine in this case. See Gutierrez v. State, 46 S.W.3d 394 (Tex.App.Corpus Christi 2001). Therefore its judgment is affirmed.
Reference
- Full Case Name
- Esequiel GUTIERREZ v. The STATE of Texas
- Status
- Published