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ATHANS v. STATE

No. 46462.

489 S.W.2d 915 (1973)

Gary Wilfred ATHANS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 7, 1973.

Attorney(s) appearing for the Case

Roland H. Hill, Jr., Fort Worth, for appellant.

Doug Crouch, Dist. Atty., T. J. Haire, William W. Chambers and J. J. Heinemann, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This appeal is from an order revoking probation.

Appellant entered a plea of guilty to the offense of unlawful possession of marihuana on July 6, 1971, and his punishment was assessed at four (4) years, probated. One of the terms of his probation was that he commit no offense against the laws of this State.

On February 25, 1972, a motion to revoke probation was filed alleging that appellant had, on about February...

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