Huggins v. State

OPINION

DALLY, Commissioner.

This appeal from an order revoking probation was first submitted as a wholly frivolous appeal without merit; it was abated for further briefing by both the appellant’s counsel and the State. Huggins v. State, 538 S.W.2d 136 (Tex.Cr.App.1976).

On appeal from an order revoking probation an original conviction may be collaterally attacked and the judgment set aside if fundamental error was committed. Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972). The original conviction will be set aside in an appeal from an order revoking probation if the indictment was…