Alejandro v. State

DISSENTING OPINION TO THE ORDER OVERRULING THE STATE’S MOTION FOR LEAVE TO FILE MOTION FOR REHEARING

DOUGLAS, Judge.

The motion for leave to file the motion for rehearing should be granted and the reversal should be set aside for the reasons set forth in the dissenting opinion on original submission.

The majority opinion is in conflict with Alexander v. State, 482 S.W.2d 862, where this Court held where a defendant received more than ten years, the question of probation should not be considered. That decision should, if it can, be distinguished or it should be overruled.

In the present case the…