Burns v. State

OPINION

DALLY, Judge.

Appellant waived his right to a trial by jury and pled guilty to the offense of aggravated assault with a deadly weapon; punishment was assessed at imprisonment for 5 years.

Appellant’s sole contention, that the court abused its discretion in denying appellant’s application for probation, is without merit. Whether a defendant is entitled to probation is for the trial court, in its discretion, to decide. Cantu v. State, 546 S.W.2d 621 (Tex.Cr.App.1977); Herrera v. State, 513 S.W.2d 71 (Tex.Cr.App.1974); Balderas v. State, 497 S.W.2d 298 (Tex.Cr.App.1973); McNeese v. State,…