Batiste v. State

OPINION

GREEN, Commissioner.

This appeal is from an order revoking probation.

On August 6, 1973, appellant waived a jury, plead guilty, and was convicted of unlawful possession of heroin. Punishment was assessed at ten years, probated. Condition (a) of the probation order was that “(a) Commit no offense against the laws of this state or any other state or of the United States.”

On December 20, 1974, the State filed a Third Amended Motion to Revoke Probation, in which it alleged that appellant, on August 27, 1973, committed the offense of burglary of the house of Dan Singleton with the intent to…