Elionardo P. Hernandez, Appellant v. the State of Texas, Appellee

Summary

The Court held that a violation of probation is not a "prior criminal record" under V.A.C.C.P. Article 37.07, Section 3(a) and therefore the motion to revoke probation was inadmissible; the error was not harmless, so the judgment was reversed and remanded. Justice Dally dissented, arguing the objection was not properly preserved and the majority should have affirmed.