Savant v. State

OPINION

ONION, Presiding Judge.

Appellant was convicted by a jury for assault with a prohibited weapon. The jury assessed punishment at five (5) years and recommended probation pursuant to Art. 42.12, Vernon’s Ann.C.C.P. This attempted appeal followed, but we have concluded that same must be dismissed.

Although a judgment is not entered in a misdemeanor case where probation is granted, 1 one is required to be entered in a felony case where probation is granted, Scott v. State, 461 S.W.2d 619 (Tex.Cr.App.1971). See and compare Art. 44.08(b), Vernon’s Ann.C.C.P., and Steffen v. State, 525 S.W.2d…