Opinion

Aguilar v. State

  • 542 S.W.2d 871
  • 1976 Tex. Crim. App. LEXIS 1129
Court
Court of Criminal Appeals of Texas
Filed
Nov 3, 1976
Status
Published
Author
Douglas
On the bench
Dayis, Douglas, Odom
Cited by
13 cases

probation not revoked for traveling outside state without consent of court, which was required, when officer consented

How later courts described this case

  • probation not revoked for traveling outside state without consent of court, which was required, when officer consented

Written by the judges who cited it.

The opinion

DOUGLAS, Judge

(dissenting).

The majority is holding that a probationer may take advantage of that part of an unauthorized order permitting her to leave, but she is not bound by that part of the order where she must return. In this she has the best of two worlds. She gets to leave and nothing under the majority opinion requires her to return at any time.

If she can take advantage of a part of an unauthorized order, she should follow all of the order. She knew when she was to return, and she did not do so. Two wrongs do not make a right.

*875 This writer would not agree that probation could be revoked for one leaving the State when a probation officer authorizes it but would hold that, when one leaves on such a condition to return, probation may be revoked for failing to do so.

Under the reasoning of the majority opinion, the probation should be revoked because she left the State in violation of the court’s order without permission of the court.

No abuse of discretion has been shown. The judgments should be affirmed.

ODOM, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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