Mitchell v. State

OPINION

ODOM, Judge.

This is an appeal from an order revoking probation. Appellant was convicted of delivery of marihuana. Probation was revoked for allegedly committing an offense against the law, namely, aggravated perjury, contrary to the terms of probation.

The motion alleged aggravated perjury based on appellant’s testimony in two cases, State v. Caddell and State v. Hodge, in substantially the same language:

“The Defendant, Randy Mitcell, has violated Condition No. 1 of the 3-year probation granted him on March 29, 1979 by th'is Honorable Court in that on or about the 20th day of September,…