SMITH v. STATE

No. 01-88-00241-CR.

790 S.W.2d 366 (1990)

Daniel Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 31, 1990.


Attorney(s) appearing for the Case

Patrick Shelton, Houston, for appellant.

John B. Holmes, Jr., Harris Co. Dist. Atty., Lester Buzzard, Deborah Hawkins, & Clint Greenwood, Asst. Dist. Attys., for appellee.

Before EVANS, C.J., and DUGGAN and O'CONNOR, JJ.


ON MOTION FOR REHEARING

O'CONNOR, Justice.

On motion for rehearing, we grant the motion, withdraw our original opinion dated November 30, 1989, and substitute this. Appellant, Daniel Lee Smith, appeals from an order revoking his probation. We reverse.

In 1987, appellant pled guilty to the unauthorized use of a motor vehicle. According to the terms of a plea bargain agreement, the court sentenced him to seven years confinement, probated, plus a $1...

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