Rice v. State

OPINION

FARRIS, Justice.

Rice appeals the revocation of his probated sentence complaining in his one point of error that the trial court abused its discretion because the State failed to prove he was the same person whose sentence was probated. Rice entered a plea of “not true,” to the revocation allegations but never complained in the trial court that he was the wrong man. Faced with adverse authority requiring him to raise the identity issue in the trial court, he tries to distinguish the facts of his case from those of the leading case. See Barrow v. State, 505 S.W.2d 808, 810…