McIlvaine v. State

OPINION

MIRABAL, Justice.

Appellant David Spencer Mcllvaine appeals the trial court’s order revoking his probation. We reverse.

Appellant was convicted on July 24, 1990, of possession of a controlled substance, and the trial court placed appellant on five-years probation. Four years later, on August 5, 1994, the State filed a motion to revoke probation. At that time, the trial court issued a capias for appellant’s arrest. Appellant was not arrested under the capias until August 25, 1995, a year after the capias was issued and one month after his probation period had expired.

After his arrest,…