Nicklas v. State

*539OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation.

The question presented by this appeal is one of first impression. May a trial judge revoke probation and then, after the appellate brief is filed in the trial court under Article 40.09, Sec. 9, Vernon’s Ann.C.C.P., grant a new trial and conduct a new revocation hearing on an amended motion to revoke probation filed one year after original hearing and the giving of notice of appeal and over six months after expiration of the probationary period or term?

The appellant entered a plea of guilty before the court to the…