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GARDNER v. STATE

No. 52764.

542 S.W.2d 127 (1976)

Randy Lee GARDNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

A. D. Clark, III, Dist. Atty., L. Michael Thompson, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

This is an out of time appeal in which the appellant seeks review of an order revoking his probation for the offense of forgery, with the sentence being assessed at three (3) years in the penitentiary.

Appellant initially entered a plea of guilty to the offense of forgery and was placed on five-year probation on April 10, 1970. On June 30, 1972, the State filed its first application to revoke probation, with an amended...

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