Court of Criminal Appeals of Texas

Ex Parte Carlos Carmona

March 1, 20062006 Tex. Crim. App. LEXIS 427

Summary

The Court held that the applicant's claim that his deferred adjudication probation was revoked solely on perjured testimony is cognizable in habeas corpus and that such revocation violates the Fourteenth Amendment due process clause, granting relief by setting aside the revocation and remanding the case for further proceedings. Justice HERYEY dissented, arguing the judgment should also vacate the convictions and order immediate release, while Justice WOMACK concurred on all issues.