Gormany v. State

OPINION

DALLY, Commissioner.

This is an appeal from an order revoking probation.

The appellant’s conviction is for robbery by assault. A jury assessed punishment at five years imprisonment, but recommended that he be granted probation. The jury’s recommendation to grant probation was mandatory and the imposition of sentence was suspended with the appellant being placed on probation on April 13, 1971.

On August 23, 1971, a motion was filed to revoke probation alleging that, contrary to the conditions of probation, the appellant “had failed to work faithfully at suita ble employment” and had failed…