Futch v. State

Appellant seeks review of his conviction and sentence for criminal mischief and the trial court’s order revoking his probation, contending that the court lacked jurisdiction to revoke his probation based on the allegations contained in an amended affidavit of violation of probation that was filed after his probation had terminated.

The state concedes that the amended affidavit of violation of probation was filed after appellant’s probation had expired, but correctly contends that the offense which was the basis for the revocation (trespass) was alleged not only in the amended affidavit of…