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EISEN v. STATE

No. 10-00-057-CR.

40 S.W.3d 628 (2001)

Johnny Glen EISEN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled April 18, 2001.

Attorney(s) appearing for the Case

Carey Fraser, Stephenville, for appellant.

B.J. Shepherd, Hamilton County Dist. Atty., Martin L. Peterson, Hamilton County Asst. Dist. Atty., Meridian, for appellee.

Before Chief Justice DAVIS, VANCE and GRAY, Justices.

OPINION

VANCE, Justice.

We must decide whether: (1) a trial judge abused his discretion in revoking community supervision, (2) the common-law right of "allocution" has achieved constitutional status, and (3) article 42.07 applies to a proceeding in which the court revokes community supervision and imposes the punishment previously determined. Finding that the judge did not abuse his discretion, that allocution is not included among our constitutional rights...

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