Kelley v. State

OPINION

ROBERTS, Judge.

This is an appeal from an order revoking probation.

On June 15, 1973, appellant was found guilty of burglary; the court assessed punishment at eight years, probated. Condition (a) of appellant’s probation was that he commit no offense against the laws of this or any other State or the United States.

On March 2, 1976, the State filed a motion to revoke appellant’s probation alleging that on or about February 27, 1976, in Nueces County, appellant:

“did then and there with the intent to commit theft, voluntarily break into and enter a vehicle not classified as a habitation,…