Jones v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was indicted for the felony offense of burglary of a habitation. See V.T.C.A. Penal Code, § 30.02. Appellant pled guilty and the judge assessed punishment at confinement in the Texas Department of Corrections for eight years, but suspended imposition of the sentence and placed appellant on probation. Eight months later, the State filed a Motion to Revoke Probation in the same court. The district judge referred the case to a Dallas County magistrate, who presided over the hearing. He recommended that appellant’s…