Elliott v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

THOMAS G. DAVIS, Judge.

Trial was before the jury upon a plea of not guilty to a charge of gambling promotion. V.T.C.A. Penal Code, Sec. 47.03. After the jury found appellant guilty, the trial court assessed punishment at seven years and $5,000.00. The Court of Appeals for the Fourteenth Supreme Judicial District (Houston) affirmed appellant’s conviction. Elliott v. State, 681 S.W.2d 98 (Tex.App.— Houston [14th] 1984). We granted appellant’s petition for discretionary review in order to examine the Court of Appeals’ holding that probable…