Court of Criminal Appeals of Texas
Elionardo P. Hernandez, Appellant v. the State of Texas, Appellee
June 11, 19801980 Tex. Crim. App. LEXIS 1240
Summary
The Court affirmed Hernandez’s conviction, holding that the trial objection to the pen packet was insufficiently specific to preserve error, so the admission of the motion to revoke probation did not warrant reversal. The Court also reiterated that a violation of probation is not a "prior criminal record" under V.A.C.C.P. Article 37.07, Section 3(a). Justice Dally dissented, arguing that the objection was adequate and the error should have resulted in reversal.