McILVAINE v. STATE

No. 01-95-01192-CR.

960 S.W.2d 89 (1997)

David Spencer McILVAINE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 31, 1997.


Attorney(s) appearing for the Case

Leslie M. Ribnik, Houston, for Appellant.

John B. Holmes, Calvin Hartman, Houston, for Appellee.

Before MIRABAL, WILSON and TAFT, JJ.


OPINION

MIRABAL, Justice.

Appellant David Spencer McIlvaine 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...

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