Smith v. State

ON MOTION FOR REHEARING

O’CONNOR, Justice.

On motion for rehearing, we grant the motion, withdraw our original opinion dated November 30, 1989, and substitute this. Appellant, Daniel Lee Smith, appeals from an order revoking his probation. We reverse.

In 1987, appellant pled guilty to the unauthorized use of a motor vehicle. According to the terms of a plea bargain agreement, the court sentenced him to seven years confinement, probated, plus a $1,000 fine. Appellant’s conditions of probation required him, inter alia, to:(a) Commit no offense;(e) Work continuously at suitable employment and…