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NICKLAS v. STATE

No. 49683.

530 S.W.2d 537 (1975)

Danny Lee NICKLAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 19, 1975.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty., and John H. Hagler, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation.

The question presented by this appeal is one of first impression. May a trial judge revoke probation and then, after the appellate brief is filed in the trial court under Article 40.09, Sec. 9, Vernon's Ann.C.C.P., grant a new trial and conduct a new revocation hearing on an amended motion to revoke probation filed one...

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