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 order revoking Johnny Davenport's probation, holding that double jeopardy protections do not apply to probation revocation proceedings and that the doctrine of res judicata does not bar a second revocation attempt based on the same alleged violation. The dissent argued that both doctrines should bar the second proceeding and would have reversed the revocation.