State v. Stone

OPINION

TIPTON, Judge.

The defendant, Robert Howard Stone, appeals as of right from the Marshall County Circuit Court’s revoking his split confinement probation because of further criminal activity. He contends that the trial court had no authority to revoke probation in that the new offense occurred only during his release from confinement obtained by making bond pending the appeal of his conviction, but before his probationary term began.

The defendant was convicted of aggravated assault and the trial court sentenced him on August 19, 1992, to four years. He was to serve 330 days in…