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.