Dinnery v. State

OPINION ON REHEARING ON COURT’S OWN MOTION

ONION, Presiding Judge.

This is an appeal from an order revoking probation. On April 3, 1975, appellant entered a guilty plea in a bench trial to burglary of a habitation by entering and committing theft, and the court assessed punishment at five (5) years’ imprisonment, but suspended the imposition of the sentence and placed the appellant on probation. No appeal was taken.

On August 11, 1978, appellant’s probation was revoked after it was shown that, commencing with the month after he was *350placed on probation, he failed to report to his probation…