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BATISTE v. STATE

No. 51163.

530 S.W.2d 588 (1975)

Richard Fulton BATISTE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 19, 1975.

Attorney(s) appearing for the Case

Thomas M. Roberson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III and Tyler Moore, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This appeal is from an order revoking probation.

On August 6, 1973, appellant waived a jury, plead guilty, and was convicted of unlawful possession of heroin. Punishment was assessed at ten years, probated. Condition (a) of the probation order was that "(a) Commit no offense against the laws of this state or any other state or of the United States."

On December 20, 1974, the State filed a Third Amended Motion...

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