THOMPSON v. STATE

No. 58982.

604 S.W.2d 180 (1980)

Curtis Joe THOMPSON, Appellant, v. The STATE of Texas, Appellee.

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

September 10, 1980.


Attorney(s) appearing for the Case

H. Deloyd Bailey, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty., and Don Maxfield, Asst. Dist. Atty., Wichita Falls, Robert Huttash, State's Atty., Austin, for the State.


OPINION

W. C. DAVIS, Judge.

The appellant was convicted of delivery of methqualone. The jury assessed punishment at three years confinement.

On appeal, appellant contends that the trial court erred in failing to submit the issue of probation to the jury. We agree and reverse. On January 13, 1978, after the jury had returned a verdict of guilty in the case, the trial court refused to file appellant's application for probation for the jury's consideration...

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