Hardesty v. State

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of the offense of kidnapping. Punishment was assessed at five years imprisonment, probated. On January 24, 1979, the State filed a motion to revoke appellant’s probation based on his alleged commission of, inter alia, the offense of theft of property over $200.00. The court, after a hearing, revoked the probation and sentenced appellant to five years in the Texas Department of Corrections.

Appellant contends that the trial court abused its discretion in revoking his probation in that there was insufficient evidence to show a violation of his…