Court of Criminal Appeals of Texas, 2002

Gutierrez v. State

Gutierrez v. State
Court of Criminal Appeals of Texas · Decided September 11, 2002 · Keasler
85 S.W.3d 817; 2002 Tex. Crim. App. LEXIS 155; 2002 WL 31023232 (South Western Reporter, Third Series)

Gutierrez v. State

Opinion of the Court

PER CURIAM.

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.

KEASLER, J., dissented.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.