Ex Parte Fennell

ON MOTION FOR REHEARING

MORRISON, Presiding Judge.

In Ex parte Fernandez, supra, cited in our original opinion, the offense which formed the basis of the revocation occurred on March 1, 1951. The state filed a motion to revoke probation on March 8, 1951. This court held that, since the relator had been sentenced in the cause in which probation was granted on January 17, 1949, the sentence of two years had expired at the time of the commission of the offense which formed the basis of the prosecution and at the time of the filing of the motion for revocation.

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