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PENA v. STATE

No. PD-1639-04.

201 S.W.3d 764 (2006)

Henry Garcia PENA, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 20, 2006.

Attorney(s) appearing for the Case

Hector Del Toro, Corpus Christi, for Appellant.

Jeffrey L. Van Horn, First Assistant State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

Pena was placed on three years' probation for marihuana possession on March 29, 2000. Two years later, on April 3, 2002, the State moved to revoke and an arrest warrant issued. Pena was apprehended on September 9, 2003, five months after his probationary term expired. He received one year in a state jail after unsuccessfully contending that the State failed to exercise due diligence...

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