Legal Opinion

Mario Ernesto Martell v. the State of Texas

Texas Court of Appeals, 8th District (El Paso)

Decided November 15, 2022No. 08-18-00180-CRPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS MARIO ERNESTO MARTELL, § No. 08-18-00180-CR Appellant, § Appeal from the v. § 1st Criminal District Court THE STATE OF TEXAS, § of El Paso County, Texas Appellee. § (TC#990D03958) OPINION This case arrives back to us on remand from the Texas Court of Criminal Appeals. In our initial opinion, we reversed the trial court’s revocation of Appellant Mario Ernesto Martell’s deferred-adjudication community supervision because it failed to properly apply the due-diligence affirmative defense found in Texas Code of Criminal Procedure article…

2Cases cited9 opinions

  1. Prystash v. StateCourt of Criminal Appeals of Texas · 1999
  2. In Re Department of Family & Protective ServicesTexas Supreme Court · 2009
  3. Woodall v. StateCourt of Criminal Appeals of Texas · 2011
  4. Rhodes v. StateCourt of Criminal Appeals of Texas · 2007
  5. DeGay v. StateCourt of Criminal Appeals of Texas · 1987

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