BRECHEISEN v. STATE

No. 0452-98.

4 S.W.3d 761 (1999)

Kathleen E. BRECHEISEN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 27, 1999.


Attorney(s) appearing for the Case

Joseph F. Zellmer, Denton, for appellant.

Yolanda M. Joosten, Assist. DA, Denton, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.


WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, HOLLAND, JOHNSON, and KEASLER, JJ., joined.

The issue in this case is the application of a harmless-error analysis to the denial of a motion to dismiss a probation-revocation proceeding when the State did not use due diligence in executing the capias. We hold that the Court of Appeals did not properly apply such an analysis, and we reverse its judgment.

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