Vitela v. State

OPINION

PHILLIPS, Judge.

This is an appeal from an order revoking probation wherein appellant was convicted of driving while intoxicated, subsequent offense; the punishment, two years confinement in the Department of Corrections.

Although the record before us contains a transcription of the court reporter’s notes, no brief was filed in the trial court in appellant’s behalf, pursuant to Article 40.-09, Section 9, Vernon’s Ann.C.C.P., and none has been filed in this Court. A review of the record indicates that an issue of indigency exists in this case.

*934On January 19, 1977, the State filed a motion…