Lackey v. State

Under the circumstances of this case I do not strongly disagree that appellant should be discharged from probation. The attempted revocation of probation left a great deal to be desired. My disagreement with the majority is the consequences that may flow from the rule of this case.

Appellant was incarcerated in a Texas prison for more than a year while he was on probation from Wyoming. The purposes of probation are defeated if a probationer is deemed to be serving a term of probation while in prison. A convict in prison should not be considered to have been living a law-abiding life during the…