Gary Shane Kinkaid v. State

IN THE

TENTH COURT OF APPEALS

No. 10-04-00368-CR

Gary Shane Kinkaid,

Appellant

v.

The State of Texas,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 27777CR

DISSENTING Opinion

I dissent. The majority fails to distinguish deferred-adjudication community supervision from regular community supervision or imprisonment. See Saffell v. State, Nos. 05-03-01549-CR & 05-03-01550-CR, 2005 WL 289349, at *3 (Tex. App.—Dallas Feb. 8, 2005, no pet.) (not designated for publication) (mem. op.) (distinguishing imprisonment from deferred-adjudication community supervision); cf. Rivers v. State,…