Court of Criminal Appeals of Texas

Steve Rogers, Appellant v. the State of Texas, Appellee

October 20, 19821982 Tex. Crim. App. LEXIS 1110

Summary

The Court held that the trial judge had effectively continued appellant's probation on June 26, 1980, and therefore lacked authority to revoke probation on September 26, 1980 without proof of a new violation, violating due process; the revocation order was set aside and the case remanded. Justice Odom dissented, arguing the majority improperly equated a prolonged hearing continuance with a continuation of probation.