TREVINO v. STATE

No. 56424.

577 S.W.2d 242 (1979)

Jose Leonel TREVINO, Appellant, v. The STATE of Texas, Appellee.

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

February 21, 1979.


Attorney(s) appearing for the Case

Paul Banner and Cornel Walker, Greenville, for appellant.

Felipe Reyna, Dist. Atty. and Rodney Goble, Asst. Dist. Atty., Waco, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction for possession of more than four ounces of marihuana following a plea of guilty before the jury. The punishment assessed by the jury is imprisonment for ten years and a $5,000 fine.

Appellant contends that the trial court erred in failing to submit the issue of probation to the jury. We agree.

Prior to the start of his trial, appellant filed a sworn application for probation. In support...

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