Opinion

Whitehead v. State

  • 556 S.W.2d 802
  • 1977 Tex. Crim. App. LEXIS 1245
Court
Court of Criminal Appeals of Texas
Filed
Oct 5, 1977
Status
Published
Author
Douglas
On the bench
Brown, Douglas, Odom
Cited by
17 cases

concluding that the trial court erred by overruling appellant’s exception to the motion to revoke when appellant raised the issue to the trial court before proceedings began by filing a written notice to set aside the motion to revoke and argued the motion before the revocation proceedings began

How later courts described this case

  • concluding that the trial court erred by overruling appellant’s exception to the motion to revoke when appellant raised the issue to the trial court before proceedings began by filing a written notice to set aside the motion to revoke and argued the motion before the revocation proceedings began
  • “[A]bsent a showing of a probationer’s ability to make the restitution payments, and that his failure was intentional, it is an abuse of discretion for a court to revoke probation on this failure to make payments.”

Written by the judges who cited it.

The opinion

DOUGLAS, Judge,

dissenting.

The judgment should be affirmed because the trial judge did not abuse his discretion in revoking probation. The evidence was sufficient to show that appellant changed his residence without permission. Under the majority opinion, all a probationer has to do to defeat revocation on the ground of changing his residence without permission is to testify that he did not intend to change it permanently.

*808 Further, the ground that he took two checks without the consent of his mother and cashed them was sufficient for the judge to revoke probation.

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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