Walker v. State

OPINION ON STATE’S AND STATE PROSECUTING ATTORNEY’S PETITIONS FOR DISCRETIONARY REVIEW

Appellant was convicted upon his guilty plea of assault, V.T.C.A. Penal Code § 22.-01(a)(1), and placed on probation. His probation was revoked, and on direct appeal, the court of appeals held inter alia the trial court was without jurisdiction to convict appellant for the assault offense. Walker v. State, 761 S.W.2d 572 (Tex. App.—San Antonio 1988). The court of appeals reversed the original conviction because it was a nullity. Id. at 575. We granted both the District Attorney’s and the State Prosecuting…