Furrh v. State

DOUGLAS, Judge,

dissenting.

The majority reverses this conviction on the grounds that the trial court abused its discretion in revoking probation. He had been convicted and his punishment was assessed at ten years, probated. At the hearing on the second amended motion to revoke probation appellant pled true. He admitted that he violated the terms of probation, and no other proof was necessary. The court did not revoke probation at that time. The court was lenient and gave appellant another chance. Later, the court revoked probation on the second amended motion on the grounds that appellant admitted to be true and pronounced sentence on the original punishment that was assessed. This the majority holds to be an abuse of discretion. In doing so the majority does not follow the well reasoned decisions of Sappington v. State, 508 S.W.2d 840 (Tex.Cr.App.1974), and Traylor v. State, 561 S.W.2d 492 (Tex.Cr.App.1978). These cases should be overruled or followed.

For these and other reasons stated in the opinion on original submission, the appellant’s motion for rehearing should be overruled.