Allen v. State

OPINION

DALLY, Commissioner.

The conviction is for the possession of marihuana; the punishment, twelve years.

Appellant contends “the trial court erred in accepting defendant’s plea of nolo con-tendere under the conditions reflected by this record.”

Appellant relies upon Killebrew v. State, Tex.Cr.App., 464 S.W.2d 838 and Chavarria v. State, Tex.Cr.App., 425 S.W.2d 822, in support of this ground of error.

The facts in this case are different from the two cases cited and require a different result.

A portion of the opinion in Chavarria v. State, supra, explains the facts in that case:

“Appellant…