# Whitehead v. State

> Court of Criminal Appeals of Texas · October 5, 1977 · 556 S.W.2d 802

URL: https://www.frixlaw.com/law-library/cases/9684167

## Case

- **Full name:** Artis Deryle WHITEHEAD, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 5, 1977
- **Citations:** 556 S.W.2d 802; 1977 Tex. Crim. App. LEXIS 1245
- **Precedential status:** Published
- **Opinion:** Dissent by Douglas
- **Judges:** Brown, Douglas, Odom
- **Cited by:** 17 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/9684167

## How later opinions describe it (automated extraction)

- 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 revocatio…

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684167. Public record. Not legal advice.