Henderson v. State

OPINION

CANNON, Justice.

This is an appeal from an order revoking probation. On January 19, 1979, appellant was convicted of auto theft. The court assessed punishment at seven years con finement. Sentence was suspended and appellant was placed on probation.

On May 20,1983, the State filed a motion to revoke appellant’s probation. The State’s motion alleged that appellant committed the offense of delivery of a controlled substance. In one paragraph, the motion alleged delivery “by actual transfer.” The second paragraph alleged delivery “by constructive transfer.” After a hearing, the trial court…