Kasper v. State

OPINION

ODOM, Judge.

This is an appeal from an order revoking probation. Appellant was convicted of burglary under the former Penal Code. Punishment was assessed at imprisonment for four years, but upon revocation the court reduced punishment to three years.

Appellant raises four contentions challenging the revocation, but we find fundamental error invalidating the original judgment of conviction.

The indictment charged burglary of a private residence at night, a violation of Article 1391, Vernon’s Ann.P.C. (1925). The minimum punishment1 for that offense *634is imprisonment for five years. Article…