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LaBELLE v. STATE

No. 727-84.

692 S.W.2d 102 (1985)

David Wayne LaBELLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 26, 1985.

Attorney(s) appearing for the Case

Michael L. Aaronson, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Nick O. Martinez, Jr., Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., and Alfred Walker, First Assistant, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

In 1977, appellant pled guilty to the offense of burglary of a habitation. See V.T.C.A. Penal Code, § 30.02(a)(1). The trial judge sentenced him to ten years confinement in the Texas Department of Corrections, but suspended the sentence and placed appellant on probation for ten years. In 1981, the State filed a motion to revoke probation in the same court in which appellant had been...

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