Court of Criminal Appeals of Texas

James Frances Naquin, Appellant v. the State of Texas, Appellee

November 19, 19801980 Tex. Crim. App. LEXIS 1456

Summary

The Court reversed the trial court's revocation of appellant's probation, holding that the State failed to meet its burden of proving possession of marijuana by a preponderance of the evidence, and therefore abused its discretion. The decision rests on the requirement that probation revocation must be supported by sufficient evidence of both control and knowledge of the contraband.