MORALES v. STATE

No. 46134.

487 S.W.2d 342 (1972)

Elicio Vito MORALES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 20, 1972.


Attorney(s) appearing for the Case

Baker & Coltzer, by Robert G. Coltzer, Galveston, for appellant.

Julius Damiani, Dist. Atty., Robert L. Wilson and Norman Stevens, Asst. Dist. Attys., Galveston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

This is an appeal from an order revoking probation.

The conviction is for possession of marihuana. The appellant entered a plea of guilty before a jury that assessed his punishment at ten years imprisonment and made the recommendation, which is mandatory, that he be granted probation. Imposition of the sentence was suspended and probation was granted on January 19, 1971.

Acting on the State's amended motion to...

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