OPINION
HENDLEY, Judge.
On December 13, 1968, after a plea of guilty to burglary, defendant received a deferred sentence for a period of five years and placed on probation pursuant to a probation agreement signed by the defendant. On April 13, 1970 defendant was convicted of robbery while armed with a deadly weapon. On April 22, 1970 the district attorney filed a motion to have the defendant sentenced under the burglary charge on the grounds of the violation...
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