Afinowicz v. State

OPINION

THOMAS, Justice.

This is an appeal of an order revoking felony probation. Appellant’s probation was revoked, and he was sentenced to five years in prison for driving while intoxicated. He contends that the court lacked jurisdiction to revoke his probation because the capias which was issued when the State amended its motion to revoke was never executed and because the State failed to show that it had exercised due diligence in attempting to serve the capias. Appellant also argues that the court abused its discretion when it revoked his probation because the evidence was insufficient to…