STATE v. FLOOD

No. 01-90-01055-CR.

814 S.W.2d 548 (1991)

The STATE of Texas, Appellant, v. Robert Louis FLOOD, Appellee.

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

August 22, 1991.


Attorney(s) appearing for the Case

Bobbi Blackwell, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Alan Curry, Asst. Harris County Dist. Atty., for appellee.

Before SAM BASS, MIRABAL and HUGHES, JJ.


OPINION

HUGHES, Justice.

Pursuant to Tex.Code Crim.P.Ann. art. 44.01(a)(2) and 44.01(b) (Vernon Supp.1991), the State submits this appeal complaining of the trial court's resentencing Robert Louis Flood, appellee. We reverse.

On February 15, 1971, appellee pled, and was found, guilty for possession of marihuana. Appellee's punishment was assessed at four years confinement, probated. A little over a year later, it was determined that appellee had...

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