Beaty v. State

OPINION

GAULTNEY, Justice.

Douglas Wayne Beaty appeals the trial court’s decision to grant the State’s motion to revoke his community supervision. Beaty was sentenced to three years’ confinement in the Texas Department of *607Criminal Justice, Institutional Division. On appeal, Beaty claims the trial court erred in finding the State exercised due diligence in apprehending him after capias was issued for his arrest.

The Court of Criminal Appeals’ decisions applying the due diligence standard have typically involved circumstances in which the probationer is not trying to avoid apprehension and his…