Brecheisen v. State

MEYERS, PRICE, HOLLAND, JOHNSON, and KEASLER, JJ.,

joined.

The issue in this case is the application of a harmless-error analysis to the denial of a motion to dismiss a probation-revocation proceeding when the State did not use due diligence in executing the capias. We hold that the Court of Appeals did not properly apply such an analysis, and we reverse its judgment.

Two requirements must be met for a trial court to acquire jurisdiction to revoke probation. The State must file with the trial court, before the expiration of the probationary period, a motion to revoke probation that alleges the…