Fulcher v. State

In Fulcher v. State, 607 S.W.2d 581 (Tex. Crim. App. 1980) the State abandoned all counts in its motion to revoke, then filed a second motion, alleging a conviction on conduct which had been alleged in the first motion. Noting that no hearing had been held on the first motion, and when the State abandoned its allegation, there was "in effect . . . no motion for revocation pending" and no evidence was taken in regard to the first motion, the Texas Court of Criminal Appeals concluded there was no error in revoking Fulcher based on conduct alleged in the two motions. Id. at 583.