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SMITH v. STATE

No. 06-03-00091-CR.

120 S.W.3d 910 (2003)

James H. SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided November 7, 2003.

Attorney(s) appearing for the Case

William T. Hughey, Marshall, for appellant.

Joe Black, Dist. Atty., Al Davis, Asst. Dist. Atty., Marshall, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice ROSS.

James H. Smith, Jr., appeals the trial court's decision to revoke his community supervision and sentence him to 180 days' confinement in jail for the misdemeanor offense of criminal trespass. In his sole point of error, Smith contends the State failed to use due diligence in executing the arrest warrant associated with the motion to revoke Smith's community supervision. We agree.

I. Background

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