# Aguilar v. State

> Court of Criminal Appeals of Texas · November 3, 1976 · 542 S.W.2d 871

URL: https://www.frixlaw.com/law-library/cases/9678986

## Case

- **Full name:** Lorraine N. AGUILAR, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 3, 1976
- **Citations:** 542 S.W.2d 871; 1976 Tex. Crim. App. LEXIS 1129
- **Precedential status:** Published
- **Opinion:** Dissent by Douglas
- **Judges:** Dayis, Douglas, Odom
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678986

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678986. Public record. Not legal advice.