Preston v. State

ON PETITION FOR REHEARING

BAKER, Judge.

We grant Preston's petition for rehearing in our earlier opinion Preston v. State (1992), Ind.App., 588 N.E.2d 1278. Specifically, we address Preston's argument that this court erred when we affirmed the revocation of his probation under IND.CODE 85-838-2-3(a)(2).

As enacted by P.L. 67-1990, and effective July 1, 1990, IND.CODE 35-838-2-3(a)(2) provided that a trial court could revoke a defendant's probation if:(2) the petition to revoke probation [was] filed before the earlier of the following: 1

(A) One (1) year after the termination of probation.

(B)…