McKelvey v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of a controlled substance, to-wit: heroin. Art. 4476-15, Sec. 4.04, V.A.C.S. The court assessed punishment at three years.

The record reflects that appellant entered a plea of guilty on November 18,1976. The court found the appellant guilty at that time but did not assess punishment or rule on appellant’s motion for probation. The hearing was recessed until December 17, 1976, so that a presentence investigation could be conducted. On December 17,1976, the court reconvened, hearing oral testimony from the appellant’s…