Jacobs v. State

OPINION

CORNELIUS, Chief Justice.

Brian Lee Jacobs was indicted for retaliation, a third degree felony. 1 In a plea agreement, he pleaded guilty to a lesser included offense, attempted retaliation, 2 a Class A misdemeanor. On November 16, 1993, the court sentenced Jacobs to one year in jail, probated for a year, and fined him $500.00. Jacobs did not challenge the indictment’s sufficiency before trial, and he neither sought nor was granted permission to appeal. In September of 1994, the State filed a motion to revoke probation, to which Jacobs pleaded true, and on October 25, the court revoked…