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WHEAT v. STATE

No. 06-04-00077-CR.

165 S.W.3d 802 (2005)

Shawn Christopher WHEAT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 11, 2005.

Discretionary Review Refused August 31, 2005.

Attorney(s) appearing for the Case

Robert D. Bennett, Robert D. Bennett and Associates, PC, Gilmer, for appellant.

Timothy J. Cariker, Asst. Dist. Atty., Gilmer, for appellee.

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

OPINION

Opinion by Chief Justice MORRISS.

It took authorities almost ten years to find Shawn Christopher Wheat and revoke his community supervision. In May of 1994, Upshur County filed its motion to revoke Wheat's community supervision1 and obtained a capias for his arrest. Wheat was finally arrested on the capias March 4, 2004, in Indiana. At the heart of this appeal is whether the State used due diligence between those dates...

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