Driscoll v. State

ZEHMER, Judge.

This is an appeal from an order reinstating appellant Driscoll’s sentence to community control. The appealed order revoked an earlier order that had discharged Dris-coll from community control and terminated the criminal proceedings against him. Finding that the court lacked jurisdiction to reinstate the discharged sentence under the facts of this case, we reverse.

On June 16, 1986, Driscoll pled nolo con-tendere to a charge of shooting into an *1284occupied building. The court withheld adjudication of guilt and placed Driscoll in a community control program for a period of two years,…