Holtzman v. State

OPINION

MURPHY, Justice.

This is an appeal from an order revoking appellant’s probation. Appellant, Leslie Elliot Holtzman, contends the State of Texas failed to use due diligence in arresting him and affording him a hearing on the revocation motion. We reverse the order revoking probation, and remand the cause to the trial court.

Appellant entered a plea of guilty before the court to the offense of theft on March 27, 1984. That same day, the trial court placed him on five years probation. On January 13, 1987, the State filed a Motion to Revoke Probation, based on appellant’s failure to report…