# Campbell v. State

> Court of Criminal Appeals of Texas · July 8, 1970 · 456 S.W.2d 918

URL: https://www.frixlaw.com/law-library/cases/9771984

## Case

- **Full name:** Phillip Douglas CAMPBELL, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** July 8, 1970
- **Citations:** 456 S.W.2d 918; 1970 Tex. Crim. App. LEXIS 1232
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodley
- **Judges:** Woodley, Onion
- **Cited by:** 111 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/9771984

## How later opinions describe it (automated extraction)

- 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 ful…
- 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…
- noting that article 36.01 does not address the procedures that apply in a hearing on a motion to revoke probation
- holding that probationer is entitled to copy of revocation motion at least ten days before hearing

## Opinion text

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Upon evidence that the probationer admitted to his probation officer that he had taken a barbiturate, his probation was revoked for violation of the condition of pro *923 bation that he “avoid injurious or vicious habits.”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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771984. Public record. Not legal advice.