WESTER v. STATE

No. 52542.

542 S.W.2d 403 (1976)

Darrell Craig WESTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 20, 1976.


Attorney(s) appearing for the Case

Thomas P. Roebuck, Jr., Port Arthur, for appellant.

Tom Hanna, Dist. Atty. and Paul E. Naman, Asst. Crim. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This appeal is from an order revoking probation.

On original submission the appeal was dismissed for lack of notice of appeal. A supplemental transcript reflects that notice of appeal was timely given. The appeal is reinstated.

The question presented is whether a trial judge following a revocation hearing may continue a defendant on probation (although there is an adequate basis for revocation) and then subsequently...

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