Luis Rodriguez, Jr., Appellant v. State of Texas, Appellee

Summary

The Court reversed the Court of Appeals, holding that the trial court had jurisdiction to hear a probation revocation after the probation term expired if the motion and capias were filed before expiration, and that lack of due diligence is not an affirmative defense; once the defendant raises the issue, the State bears the burden of showing diligence, which it failed to do, so the motion to dismiss should be granted.