McELYEA v. STATE

No. 64420.

599 S.W.2d 828 (1980)

Robert Michael McELYEA, Appellant, v. The STATE of Texas, Appellee.

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

June 11, 1980.


Attorney(s) appearing for the Case

William T. Woods, III, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann, and William T. Harmon, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.


OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation. The court assessed punishment at three years and a fine of $4,000.00.

McElyea was convicted of theft in 1977 and was assessed a punishment of six years, probated. The motion to revoke McElyea's probation was filed on February 23, 1979 and charged him with "committing the offense of theft on or about February 19, 1979 in Harris...

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