BURNS v. STATE

No. 57249.

561 S.W.2d 516 (1978)

Robert BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

February 15, 1978.


Attorney(s) appearing for the Case

Alan Brown, San Antonio, for appellant.

Bill M. White, Dist. Atty., Sharon S. MacRae and Marcelo R. Montemayor, Asst. Dist. Attys., San Antonio, for the State.

Before TOM G. DAVIS, DALLY and W. C. DAVIS, JJ.


OPINION

DALLY, Judge.

Appellant waived his right to a trial by jury and pled guilty to the offense of aggravated assault with a deadly weapon; punishment was assessed at imprisonment for 5 years.

Appellant's sole contention, that the court abused its discretion in denying appellant's application for probation, is without merit. Whether a defendant is entitled to probation is for the trial court, in its discretion, to decide. Cantu v. State,

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