Eubanks v. State

Concurring Opinion by Justice Grant OPINION James Eubanks appeals from the revocation of his community supervision. He originally pleaded guilty to delivery of marihuana and was placed on community supervision on April 28, 1992. His community supervision was revoked on September 23, 1998, and he was sentenced to five years' imprisonment, with 252 days of jail time credited against his sentence. Eubanks contends on appeal that the revocation order should be reversed because he did not have counsel during the time for preparation of a motion for new trial, because the district Judge who signed the revocation order did not conduct the hearing on revocation, and because the length of time he spent incarcerated beyond the maximum 180 days a Judge may impose as a condition of probation acted as a quasi-revocation of his community supervision, so he has fully served his time.