Garcia v. State

McDONALD, Presiding Judge.

This is an appeal from an order revoking probation. On July 17, 1964, appellant was convicted for the offense of burglary with intent to commit theft; his punishment was assessed at five years. Imposition of sentence was suspended, and appellant was placed on probation. Motion to revoke probation was granted on the 25th day of September, 1964. Notice of appeal was given. The appeal was dismissed in that cause, No. 37,579, on January 13,1965, 386 S.W.2d 138, because sentence had never been imposed.

Appellant was sentenced on the 2nd day of April, 1965. Notice of appeal…