Rushing v. State

OPINION

ROBERTS, Judge.

This an appeal from an order revoking probation. Appellant was convicted of the offense of sale of phenmetrazine, a dangerous drug. Punishment was assessed at three years, probated. Subsequently, the State made application to revoke that probation.

In the motion to revoke, the State alleged that (1) appellant had failed to pay his probationary fees and costs incurred in connection with his probation and (2) that appellant violated his probation by possessing marihuana on or about the 22nd day of September, 1972. The State offered absolutely no evidence of a violation of…