Hernandez v. State

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Hernandez from an order of the trial court revoking his probation.

Defendant was sentenced to 7 years shock probation in the Texas Department of Corrections in July 1983 on a plea of guilty for robbery. The State filed a motion to revoke his probation on February 22, 1985. After hearing on the motion, the trial court revoked defendant’s probation finding he had violated the terms and conditions of his probation.

Defendant appeals contending that “the trial court abused its discretion in finding [defendant] had failed to avoid the use…