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’s June 26, 1980 actions constituted a continuation of appellant’s probation, thereby stripping the judge of authority to revoke probation on September 26, 1980 without proof of a new violation, and remanded the case. The majority relied on Wallace and Wester to support this due‑process holding. A dissent argued that a prolonged continuance of the revocation hearing should not automatically become a continuation of probation, and a concurrence agreed with the result but offered alternative reasoning on the trial court’s discretion.