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640 S.W.2d 265

Wright v. State

Court of Criminal Appeals of Texas

Decided October 20, 1982

Court of Criminal Appeals of Texas · decided 1982-10-20

Relies on Rogers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-10-20

How this case has been cited

Cited by 16 later decisions — most recently July 2015

16 state decisions

901982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION ON STATE’S MOTION FOR REHEARING

McCORMICK, Judge.

¶2These cases came before us on the State’s motion for leave to file motion for rehearing. The record before us shows that on December 3, 1976, the appellant was found guilty of two cases of burglary of a habitation. Appellant received two probated five-year sentences. On May 18,1978, the State filed a motion to revoke probation alleging that appellant had failed to report to the probation officer during the month of April, 1978. A hearing was held on the motion to revoke on May 19, 1978. Appellant pled true to the allegation. The trial court determined that appellant had violated the conditions of his probation as alleged. However, the hearing was passed while the court considered whether or not to send appellant to the penitentiary. On February 13, 1981, the hearing on the motion to revoke was reconvened and the trial court ordered appellant’s probation revoked. Notice of appeal was given.

¶3In a panel decision handed down on March 10, 1982, appellant’s revocation of probation was reversed. The panel held that when the May 19, 1978 hearing was passed due process mandated that appellant’s probation could not be revoked without a determination of a new violation.

¶4We note, however, that appellant never raised any due process objection in the trial court. For the reasons set forth in Rogers v. State, 640 S.W.2d 248, the State’s motion for rehearing is granted and the order of the trial court revoking the probation is affirmed.

ONION, P.J., and ROBERTS, CLINTON and TEAGUE, JJ., dissent.
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