PENNY v. STATE

No. 58102.

567 S.W.2d 6 (1978)

Roy Dean PENNY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied June 28, 1978.


Attorney(s) appearing for the Case

James H. Kreimeyer, Belton, for appellant.

Arthur C. Eads, Dist. Atty., and James T. Russell, Asst. Dist. Atty., Belton, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.


Rehearing en banc Denied June 28, 1978.

OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation. On August 9, 1976 appellant entered a guilty plea before the court to the offense of felony theft, and his punishment was assessed at six (6) years' confinement and a fine of $350.00. He was, however, placed on probation subject to certain conditions.

On October 12, 1977 the State filed a motion to revoke probation alleging...

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