ALLEN v. STATE

No. 2-89-056-CR.

786 S.W.2d 738 (1989)

James Dwayne ALLEN, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Granted In Part March 13, 1990.


Attorney(s) appearing for the Case

Max Blankenship, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., C. Chris Marshall, James Teel, Cindy Singleton, Asst. Crim. Dist. Attys., Fort Worth, for State.

Before WEAVER, C.J., and HILL and FARRIS, JJ.


OPINION

HILL, Justice.

James Dwayne Allen appeals from the revocation of his probation for the possession of amphetamine of less than twenty-eight grams. In his sole point of error, Allen contends that the trial court abused its discretion by revoking his probation on that ground because the evidence was insufficient to prove that he committed that offense.

We reverse and order the revocation set aside, order that the motion to revoke alleging that...

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