Baker v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction of burglary. Appellant pled guilty. Punishment was assessed by the jury at five and a half years.

Appellant contends that the trial court erred in refusing to submit appellant’s requested charge on probation. Appellant testified and admitted that he had been convicted of two felony offenses of aggravated robbery. He also testified that the convictions were “on appeal” to the Court of Criminal Appeals.

The record reflects that these cases were on appeal.

Article 42.12, V.A.C.C.P., provides, in part:

“. . . In no case shall probation be…