Walker v. State

OPINION

BUTTS, Justice.

Our previous opinion is withdrawn. In light of the reasoned brief of the State’s Attorney on petition for discretionary review, we have reconsidered the majority opinion previously delivered and substitute this opinion in its stead. TEX.R.APP.P. 101.

This is an appeal from an order of revocation of probation. Appellant was originally charged by indictment with aggravated assault by using a deadly weapon. He entered a plea of guilty to a misdemeanor assault offense and was placed on probation. Subsequently, he was charged with driving while intoxicated; a motion to revoke…