I have the case law that states community supervision does not commence until after the appellate mandate -- but these cases are jury trials. Is it the same when one pleads guilty but is filing an appeal on the MTS? The judge sentenced him to jail time as a condition of probation, but defense attorney states defendant does not serve his time until appeal is finished.

TIMOTHY MCCONNELL v. THE STATE OF TEXAS out of TYLER, 34 S.W.3d 27 in 2000 says that you can revoke for violations made after sentencing but before MNT. I would say it depends on when your judge ordered the defendant to serve his jail time and when the MNT was filed. Once the appeal starts, though, the case is on hold until the mandate comes down.

This is not a MTR - it is probation on a guilty plea -- the 30 days are just a condition of the community supervision. So the appeal is following the guidelines of 25.2 - pre-trial motion. I think that it would be the same as the case law on a jury verdict guilty and community supervision assessed. Isn't the whole point of filing an appeal on the MTS is to get the trial court overruled and place the defendant in the position as if the GP never happened?