Coby v. State

OPINION

BROWN, Commissioner.

Appellant was convicted of aggravated assault. His punishment, assessed by the jury, was a $1,000.00 fine, probated, twenty-four (24) months in jail, thirty (30) days to be served and the balance probated. The court entered a judgment and passed sentence in the terms of the verdict.

In Lee v. State, Tex.Cr.App., 516 S.W.2d 151, this Court held that where probation is granted in a misdemeanor conviction, authority of the court insofar as confinement in jail is concerned is limited to the suspension of the entire term and not merely a part of it. Also, where…