Kirby v. State

883 S.W.2d 669 (1994)

Mark E. KIRBY, Appellant,

v.

The STATE of Texas, Appellee.

No. 1623-92.

Court of Criminal Appeals of Texas.

June 8, 1994.

C. Lewis Hoffner, court appointed on appeal, Plano, for appellant.

Tom O'Connell, Dist. Atty., Mary A. Scanlon, Asst. Dist. Atty., McKinney, and Robert Huttash, State's Atty., Austin, for the 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…