SMITH v. STATE

No. 08-02-00456-CR.

141 S.W.3d 744 (2004)

Kirby Neal SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

July 8, 2004.


Attorney(s) appearing for the Case

Rick Navarrete, Midland, for Appellant.

Michael L. Fostel, Kermit, for State.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.


OPINION

DAVID WELLINGTON CHEW, Justice.

Appellant, Kirby Neal Smith, appeals the revocation of his community supervision and brings one issue on appeal: whether the trial court abused its discretion in revoking his probation outside the community supervision period because of a lack of due diligence to apprehend Appellant. We affirm.

On October 29, 1992, Appellant pled guilty to the offense of burglary of a habitation. The trial court sentenced...

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