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AFINOWICZ v. STATE

No. 10-84-062-CR.

689 S.W.2d 252 (1985)

Sammy Earl AFINOWICZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

February 28, 1985.

Attorney(s) appearing for the Case

Lynn W. Malone, McDonald, Harmon & Malone, Waco, for appellant.

Vic Feazell, Dist. Atty., Crawford Long, Asst. Dist. Atty., Waco, for appellee.

OPINION

THOMAS, Justice.

This is an appeal of an order revoking felony probation. Appellant's probation was revoked, and he was sentenced to five years in prison for driving while intoxicated. He contends that the court lacked jurisdiction to revoke his probation because the capias which was issued when the State amended its motion to revoke was never executed and because the State failed to show that it had exercised due diligence in attempting to serve...

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