Davis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant pleaded guilty before a magistrate to possession of a controlled substance. Pursuant to a plea bargain, imposition of appellant’s sentence was suspended, and he was placed on probation. Later, the trial court revoked appellant’s probation and sentenced him to confinement for eight years.

On appeal, appellant challenged the revocation by arguing that the order placing him on probation was void because the district judge’s order referring appellant’s cause to the magistrate was signed two days after the plea…