Prior v. State

In Prior v. State, 795 S.W.2d 179, 185 (Tex. Crim. App. 1990), the defendant failed to report to his probation officer, had not obtained permission to leave the county, and was arrested in New Hampshire. Based upon these facts, the court of appeals rejected the defendant's due diligence claim. Before this Court, the defendant claimed that the State failed to act diligently because "there was no evidence explaining the six-year delay between the time the warrant was issued and the time it was executed and no evidence that the State attempted to contact appellant by mail, phone, or at his home address." The Court held that the defendant failed to preserve the due diligence claim on appeal by failing to raise the defense at trial.