Court of Criminal Appeals of Texas
Terry Rickels, Appellant v. the State of Texas
June 25, 20032003 Tex. Crim. App. LEXIS 119
Summary
The Court held that the probation condition prohibiting Terry Rickels from coming within 300 feet of any premises where children 17 or younger congregate was not void for vagueness and therefore enforceable. It also concluded that the amendment of the probation conditions without a hearing did not waive Rickels's right to challenge the condition. The judgment revoking his probation was reversed and the case remanded for further consideration. Justice WOMACK, in a concurring opinion, disputed the majority's characterization of probation as a contractual relationship.