Morgan v. State

OPINION

ROBERTS, Judge.

This is an appeal from an order of the court revoking the appellant’s probation. The trial judge found that the appellant had violated a condition of his probation, and sentenced the appellant to five years in the Texas Department of Corrections.

On October 22, 1975, the appellant pleaded guilty to the offense of felony theft.1 The appellant was assessed a ten-year probationary term.2

At the outset, we recognize fundamental error. Article 40.09(13), Vernon’s Ann.C. C.P. Omitting the formal portions, the in*334dictment to which the appellant pleaded guilty states that the…