McKelvy v. State

OPINION

ROSS A. SEARS, Justice (Assigned).

In this appeal, Jerry Paul McKelvy contests the trial court’s jurisdiction to revoke his probation after his probationary term had expired. We reverse and render.

McKelvy pleaded guilty to felony theft and felony criminal mischief on August 28, 1989. See Act of May 19, 1983, 68th Leg., R.S., ch. 497, §§ 1 and 3, 1983 Tex. Gen. Laws 2917 and 2918 (amended) (current versions at Tex. Pen.Code Ann. §§ 28.03 and 31.03). He was sentenced to six years, probated. On February 23,1990, the State filed a motion to revoke probation; capiases were issued on both…