Nesbit v. State

OPINION

COCHRAN, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON and HOLCOMB, JJ., joined.

Appellant was placed on “regular” community supervision or probation for ten years, beginning on April 29, 1994. The State filed a motion to revoke probation on April 29, 2004. Appellant claimed, in essence, that his probation turned into a pumpkin at the stroke of midnight on April 28, 2004, thus the State’s motion to revoke was filed one day too late. The court of appeals agreed with him,1 and so do we.

I

Appellant was charged with the third degree felony of indecency with a child…