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eBook details

• Title: Bernard Battle v. State Texas
• Author : Court of Criminal Appeals of Texas Nos. 57806-57808
• Release Date : January 20, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

These are appeals from orders of the court revoking appellant's probation granted him in three prior felony convictions. On May 6, 1977, appellant, under separate indictments, entered pleas of guilty to the offenses of possession of marihuana over four ounces, burglary of a habitation and possession of methamphetamine. Punishment was assessed at ten years' imprisonment for each offense, but the imposition of sentence was suspended and appellant was placed on probation for a period of ten years. On July 1, 1977, the State filed motions to revoke probation for all three convictions alleging that appellant had violated a condition of probation, namely, that he commit no offense against the laws of this State or of any other state or of the United States. After a hearing was held on July 15, 1977, the court entered orders revoking appellant's probation and sentenced him in each case to ten years' confinement in the Texas Department of Corrections, the sentences to run concurrently. In his first contention, appellant urges that the evidence presented at the probation revocation hearing was insufficient to support a finding that he violated the condition as alleged. We agree and reverse the trial court's orders revoking appellant's probation.

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