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Gutierrez v. State

85 S.W.3d 817, 2002 Tex. Crim. App. LEXIS 155, 2002 WL 31023232
CourtCourt of Criminal Appeals of Texas
DecidedSeptember 11, 2002
DocketNo. 0953-01
StatusPublished

This text of 85 S.W.3d 817 (Gutierrez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gutierrez v. State, 85 S.W.3d 817, 2002 Tex. Crim. App. LEXIS 155, 2002 WL 31023232 (Tex. 2002).

Opinion

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.

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Related

Gutierrez v. State
46 S.W.3d 394 (Court of Appeals of Texas, 2001)
Peacock v. State
77 S.W.3d 285 (Court of Criminal Appeals of Texas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
85 S.W.3d 817, 2002 Tex. Crim. App. LEXIS 155, 2002 WL 31023232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-state-texcrimapp-2002.