Kirby v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant pleaded guilty to felony burglary of a building, adjudication of guilt was deferred and he was given five years probation. Appellant’s guilt was subsequently adjudicated, and he was sentenced to seventeen years imprisonment. The Fifth District Court of Appeals affirmed. Kirby v. State, No. 05-90-01463-CR slip op., 1992 WL 122828 (Tex.App.—Dallas 1992) (unpublished opinion). We granted appellant’s petition for discretionary review to determine whether the Court of Appeals erred in holding that appellant had the…