State v. Bennett

Tony S. Bennett appeals his Community Supervision Program (CSP) revocation on the grounds: (1) he was charged, convicted, and sentenced as a first offender and thereby not required to participate in CSP; and (2) the trial court erred in holding he was required to challenge his sentence through a timely post-conviction relief (PCR) application. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

Bennett was indicted for distribution of crack cocaine on April 12, 1999, and pled guilty, pro se, to the charge on July 14, 1999. He was sentenced to four years imprisonment and given credit for…