Trcka v. State

POWERS, Justice.. The prior opinion of this Court, dated December 9, 1987, is withdrawn, and the following is substituted therefor.

On Séptember 16, 1985, Thomas James Trcka entered a plea of guilty to the of fense of driving while intoxicated. Pursuant to a negotiated plea agreement, Trcka was assessed a $300.00 fine, ordered to pay court costs, and sentenced to two years confinement in the Hays County Jail. The period of confinement was suspended and Trcka was placed on probation for two years.

On January 8, 1987, the State moved to revoke Trcka’s probation, alleging that he had subsequently…