Wise v. State

OPINION

DAVIS, Commissioner.

This is an appeal from an order revoking probation.

On March 17, 1967, the appellant waived trial by jury and entered a plea of guilty to the offense of rape before the 30th District Court. Judge Temple Driver assessed the punishment at ten years, suspended the imposition of the sentence and placed the appellant on probation.

Among the conditions of probation was the requirement that the appellant, “1. Shall commit no offense against the penal laws of this State * * *

On September 3, 1970, the State filed a motion to revoke probation alleging that appellant “did on the…