Bawcom v. State

I agree with the majority opinion that the State did not exercise due diligence in apprehending appellant, but I disagree that the analysis ends with that determination. The majority opinion does not consider a venerable Court of Criminal Appeals opinion excusing any lack of diligence when, as here, the probationer had changed residence without notifying his probation officer. Indeed, an analysis of the cases reversed for lack of due diligence reveals that the probationers’ whereabouts were known, but the State failed to apprehend them. Therefore, I respectfully dissent for the reasons more…