Tone v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

DOUGLAS, Judge.

In addition to the recitals in the original opinion, another part of the record supports the majority’s holding.

Prior to the appellant’s oral motion to quash, the record recites the following:

“. . . the Defendant appearing in person and by counsel, announced ready for trial; and all preliminary matters having been disposed of, . . .”

After this, the appellant requested and received permission to make a motion. He then dictated his motion to dismiss or quash the State’s motion to revoke probation. As in Dempsey v. State, 496 S.W.2d 49 (Tex.Cr.App.1973), appellant’s motion was made after the proceedings in the revocation had commenced. The failure to require the State to amend its pleadings under such facts is not an abuse of discretion.

The remaining-contentions were properly disposed of in the original opinion and will not be discussed again.

The motion for rehearing is denied.