© 2002 Lang Baker
Gutierrez v StateSeptember 11, 2002No. 953-01 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 0953-01 ESEQUIEL GUTIERREZ, Appellant v. THE STATE OF TEXAS ON DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS SAN PATRICIO COUNTY Per curiam. (Keasler, J., dissented.) 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. En banc. This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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