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MITCHELL v. STATE

No. 65017.

608 S.W.2d 226 (1980)

Randy MITCHELL, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied December 10, 1980.

Attorney(s) appearing for the Case

Lynn C. Hensley, Rockdale, P. David Wahlberg, Austin, for appellant.

John B. Henderson, Jr., County Atty., Cameron, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ODOM and DALLY, JJ.

OPINION

ODOM, Judge.

This is an appeal from an order revoking probation. Appellant was convicted of delivery of marihuana. Probation was revoked for allegedly committing an offense against the law, namely, aggravated perjury, contrary to the terms of probation.

The motion alleged aggravated perjury based on appellant's testimony in two cases, State v. Caddell and State v. Hodge, in substantially the same language:

"The Defendant...

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