Sharp v. State

OPINION

BAKER, Judge.

Appellant-defendant Brent Sharp appeals the revocation of his probation. Specifically, he argues that the trial court erred in overruling his motion to dismiss the petition to revoke his probation and that it was unconstitutional for the trial court to order him to submit a DNA sample. Finding that the petition to dismiss was untimely but that Sharp waived his constitutional argument, we affirm in part and reverse in part.

FACTS

On September 9, 1999, Sharp was convicted of burglary, and was sentenced pursuant to a plea agreement on December 2, 1999. Sharp was given a…