Opinion
No. 0953-01
Delivered September 11, 2002.
On Discretionary Review From The Thirteenth Court Of Appeals San Patricio County
Donald B. Bailey, Portland, for Appellant.
Betty Marshall, Assistant State Attorney, Matthew Paul, State's Attorney, Austin, for State.
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., No. 1750-00, May 29, 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.