Carter v. State

OPINION

ROBERTS, Judge.

This appeal is taken from an order revoking appellant’s probation. Punishment had been originally assessed at five years for a charge of burglary.

Appellant argues that the revocation order constituted an abuse of discretion, and alleges two complaints.

Initially, however, we address ourselves to an issue brought to this Court’s attention by the State. The motion to revoke appellant’s probation was heard by Judge Stanley Kirk. At the trial on the charge of burglary, appellant entered a plea of guilty. The judgment, the waiver of jury trial, and the agreement to stipulate…