Trevino v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for possession of more than four ounces of marihuana following a plea of guilty before the jury. The punishment assessed by the jury is imprisonment for ten years and a $5,000 fine.

Appellant contends that the trial court erred in failing to submit the issue of probation to the jury. We agree.

Prior to the start of his trial, appellant filed a sworn application for probation. In support of the application, appellant’s wife testified that she was fifty-three years old; appellant was forty-two years old; she and appellant had been married…