Labelle v. State

The majority is not satisfied to rely upon the rule that allegations in a motion to revoke probation do not require the same particularity of an indictment, but seek to extend the erroneously decided Adams v. State, 707 S.W.2d 900 (Tex.Cr.App.1986), to the motions to quash or set aside motions to revoke probation. Such can only lead to more sloppy pleadings and even deliberate non-pleading of essential matters in revocation motions. Many probationers will be denied the rudiments of due process by virtue of today’s decision.

Adams held that where a trial court has erroneously overruled a valid…