Court of Criminal Appeals of Texas

Johnny Davenport, Appellant v. the State of Texas, Appellee

November 15, 19781978 Tex. Crim. App. LEXIS 1378

Summary

The Court affirmed the trial court's revocation of Johnny Davenport's probation, holding that double jeopardy protections of the Texas and United States Constitutions do not apply to probation revocation proceedings and that the doctrine of res judicata does not bar a second revocation motion on the same alleged violation. A dissent argued that both doctrines should apply in this circumstance.