Gordon v. State

Birdsong, Presiding Judge.

Jimmy Lee Gordon appeals the revocation of his probation and the ordering in execution of his sentence to confinement for two years, eight months, and fifteen days. Gordon alleges that the evidence presented was insufficient to prove by a preponderance of the evidence that he committed the offense of theft by deception. He also contends that as his probation was revoked because of a new misdemeanor offense, the trial court erred by sentencing him to more than two years of confinement. Held:

1. Based upon our review of the transcript of the evidence at the hearing on…