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

Summary

The Court reversed the Court of Appeals, holding that a trial court retains jurisdiction to revoke probation after the probationary term expires if the revocation motion and capias were filed before expiration, and that the State—not the defendant—bears the burden of showing due diligence once the defendant raises the issue. The Court also noted that lack of due diligence is not an affirmative defense. Justice Teague dissented, arguing that the State bears the sole burden from the outset.