Lewis v. State

DISSENTING OPINION UPON DENIAL OF REHEARING

975 S.W.2d 445

September 30, 1998

I would grant rehearing and affirm this case. The majority has found that the trial court illegally sentenced appellant John Alvin Lewis in 1997 to ten years’ imprisonment with seven years suspended, when his “probation” for a 1993 drug offense was revoked. Because the original judgment had stated that Lewis’s sentence was “fixed” at a term of three years, the majority construed language suspending imposition of the sentence as, in effect, a suspended execution of the sentence. Consequently, the majority reasons that…