Howard v. State

BUTTS, Justice.

This is an appeal from a conviction for burglary of a habitation. After adjudicating appellant’s guilt, the trial court revoked probation and assessed punishment at 99 years’ imprisonment. Appellant challenges the manner of assessment of punishment as a denial of due process. See Tex.Code Crim.Proc.Ann. art. 42.12, § 5(b) (Vernon Supp.1992) (allowing an appeal not of the adjudication itself but of the proceedings after adjudication of guilt on the original charge); Phynes v. State, 828 S.W.2d 1 (Tex.Crim.App.1992).

Background: On January 28, 1991, pursuant to a plea bargain,…