Connolly v. State

MEYERS, J.,

delivered a dissenting opinion in which PRICE, HOLLAND, and JOHNSON, JJ., joined.

Today a majority of this Court expands the language of Article 42.12 § 5(b) of the Texas Code of Criminal Procedure beyond its plain meaning. In addition, the majority overrules *742precedent regarding the State’s burden to show due diligence in attempting to apprehend a defendant after the capias issues and prior to the arrest, and reallocates that burden to the defendant. I dissent.

I

A brief review of the salient facts:

Prior to the February 19, 1997 hearing on the State’s motion to adjudicate guilt,…