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VALDEZ v. STATE

No. 47910.

508 S.W.2d 842 (1973)

Louis VALDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

Thomas V. Priolo, Amarillo, for appellant.

Michael P. Metcalf, Dumas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from an order revoking probation.

Appellant was convicted for the offense of rape on July 28, 1971. Punishment was assessed by the jury at five (5) years. Pursuant to the jury's recommendation the sentence was suspended and appellant was placed on probation.

On November 16, 1972, the State filed a motion to revoke probation alleging:

"The Defendant, Louis Valdez, has failed to make the...

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