Court of Criminal Appeals of Texas

Larry Whisenant, Appellant v. the State of Texas, Appellee

October 26, 19771977 Tex. Crim. App. LEXIS 1270

Summary

The Court affirmed the trial court's order revoking Larry Whisenant's probation, holding that Texas procedural safeguards satisfy due process and that a preliminary hearing is not required. The same judge who granted probation may hear the revocation, and the evidence presented met the preponderance standard. The variance in the motion's allegations was immaterial, and the officer's testimony was sufficient to support the finding of a probation violation.