James H. Smith, Jr. v. State

OPINION

Opinion by

Justice ROSS.

James H. Smith, Jr., appeals the trial court’s decision to revoke his community supervision and sentence him to 180 days’ confinement in jail for the misdemeanor offense of criminal trespass. In his sole point of error, Smith contends the State failed to use due diligence in executing the arrest warrant associated with the motion to revoke Smith’s community supervision. We agree.

I. Background

Smith pled guilty December 11, 1999, to the offense of criminal trespass. Pursuant to a plea agreement, the trial court sentenced Smith to 180 days’ confinement in jail and a…