Legal Opinion

Nesbit, Robert William

Court of Criminal Appeals of Texas

Decided June 13, 2007No. PD-1907-05Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1907-05

ROBERT WILLIAM NESBIT, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Hervey, J., filed a dissenting opinion in which Meyers and Keasler, JJ., joined.

DISSENTING OPINION

I respectfully dissent. The trial court's judgment recites that appellant's ten-year community supervision ("probation") was to commence on April 29, 1994. The State filed its motion to revoke on April 29, 2004. The Court decides that the State's motion to revoke was filed one day too late, because…

2Cases cited14 opinions

  1. Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
  2. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002
  3. Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection AgencyCourt of Appeals for the Eighth Circuit · 1992
  4. Ex Parte HaleCourt of Criminal Appeals of Texas · 2003
  5. Home Insurance Co. New York v. RoseTexas Supreme Court · 1953

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