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DAY v. STATE

No. 2-84-046-CR.

693 S.W.2d 789 (1985)

Lewis Allen DAY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 25, 1985.

Attorney(s) appearing for the Case

Law Offices of Henderson & Snell, P.C., Richard A. Henderson, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Richard B. Roper, Asst. Dist. Atty., Fort Worth, for State.

Before BURDOCK, JOE SPURLOCK, II and HILL, JJ.

OPINION

JOE SPURLOCK, II, Justice.

In March of 1982, appellant, Lewis Allen Day, waived trial by a jury and pled guilty to the charge of sexual abuse of a child. Penal Code, ch. 399, sec. 1, 1973 Tex.Gen. Laws 883, 918. The trial court, pursuant to TEX.CODE CRIM.PROC.ANN. art. 42.12 (Vernon 1979), deferred adjudication of guilt and placed Day on probation for a period of ten years. In June of 1983, the State filed a first amended petition to proceed to adjudication...

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