holding that, although a motion to revoke community supervision is not a trial in a constitutional 4 sense, when the State provides for appellate review of judicial decisions made in the course of a revocation proceeding, then due process and equal protection of the law is fully applicable thereto
How later courts described this case
- holding that, although a motion to revoke community supervision is not a trial in a constitutional 4 sense, when the State provides for appellate review of judicial decisions made in the course of a revocation proceeding, then due process and equal protection of the law is fully applicable thereto
- holding that, although a motion to revoke community supervision is not a trial in a constitutional sense, when the State provides for appellate review of judicial decisions made in the course of a revocation proceeding, then due process and equal protection of the law is fully applicable thereto
- noting that article 36.01 does not address the procedures that apply in a hearing on a motion to revoke probation
- declaring that it “is true that this Court has consistently held that a hearing on a motion to revoke probation is not a trial in a constitutional sense” but that “revocation proceedings cannot be isolated from the context of the criminal process”
Written by the judges who cited it.
The opinion
WOODLEY, Presiding Judge
(concurring).
Upon appeal from an order revoking probation review is limited to determining whether the trial judge abused his discretion in revoking probation. Numerous cases so holding are listed under Art. 42.12, Note 38, V.A.C.C.P.
Such being the rule, no other grounds of error need be assigned or considered.
Upon evidence that the probationer admitted to his probation officer that he had taken a barbiturate, his probation was revoked for violation of the condition of pro *923 bation that he “avoid injurious or vicious habits.”
In so doing the trial judge abused his discretion. No form of notice or allegation which could have been made would support a finding to the contrary.