Thomas v. State

McMurray, Judge.

Defendant pleaded nolo contendere to a charge of possession of a controlled substance (heroin), and a sentence was imposed of three years to be served on probation. Thereafter, the defendant was arrested on a charge of possession of marijuana and phencyclidine and also of selling marijuana. A revocation of probation hearing was then heard and his probation was revoked, and he was sentenced to serve the remainder of the probated sentence within the confines of the penitentiary. Defendant appeals. Held:

The enumeration of error concerns the revocation order as error, the refusal…