Baker v. State

OPINION

ODOM, Judge.

Appellant was convicted of the offense of aggravated robbery; punishment was assessed by the jury at sixteen years’ imprisonment.

The appellant made an application for probation, wherein he swore he had never been convicted of a felony. The trial was had on July 29, 1974. A requested charge on probation was refused by the court. The sole ground of error is that the court erred in its failure to instruct the jury on the issue of probation.

The burden of proof is on the appellant to establish his eligibility for probation. Flores v. State, Tex.Cr.App., 487 S.W.2d 122; Brumfield…