Martinez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation.

On July 21, 1970, appellant was convicted of murder without malice under the provisions of Article 802c, Vernon’s Ann.P.C., and assessed a punishment of five years but was placed on probation as a result of the jury’s recommendation. One probationary condition imposed by the court was that the appellant “commit no offense against the laws of this State or any other State or of the United States.”

On April 27, 1972, a motion to revoke was filed and on May 3, 1972 the court conducted a hearing on such motion at the…