IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-90-315-CR
DAVID ALAN SMITH,
vs.
THE STATE OF TEXAS,
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 39,393, HONORABLE JOE CARROLL, JUDGE
AT AUSTIN
NO. 3-90-315-CR
DAVID ALAN SMITH,
APPELLANT
vs.
THE STATE OF TEXAS,
APPELLEE
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 39,393, HONORABLE JOE CARROLL, JUDGE
PER CURIAM
Appellant pleaded guilty and judicially confessed to attempted murder. Tex. Pen. Code Ann. § 15.01 (Supp. 1991) and 19.02 (1989). The district court found him guilty and assessed punishment at imprisonment for two years.
In his only point of error, appellant complains that the court erred by not placing him on probation. This contention is without merit. The decision whether to grant probation is within the absolute discretion of the trial court. Nelson v. State, 573 S.W.2d 9, 12 (Tex. Cr. App. 1978).
The judgment of conviction is affirmed.
[Before Justices Powers, Aboussie and Kidd]
Affirmed
Filed: May 8, 1991
[Do Not Publish]