Nesbit v. State

HERVEY, J.,

filed a dissenting opinion in which MEYERS and KEASLER, JJ., joined.

I respectfully dissent. The trial court’s judgment recites that appellant’s ten-year community supervision (“probation”) was to commence on April 29, 1994. The State filed its motion to revoke on April 29, 2004. The Court decides that the State’s motion to revoke was filed one day too late, because appellant’s ten-year probation began on April 29, 1994, and ended at midnight on April 28, 2004. I would decide that the State timely filed its motion to revoke *73because appellant’s probation began some time on April 29,…