Harris v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from an order revoking probation. On March 28, 1978, the appellant was convicted for the offense of rape. Punishment was assessed at ten years confinement. The trial court, on the recommendation of the jury, placed the appellant on probation.

The State alleged in its Motion to Revoke Probation that the appellant violated the terms and conditions of his probation in that,

“On or about the 17th day of July, 1979, in the County of El Paso and the State of Texas, the said defendant, BENNY FRANK HARRIS, did then and there (unlawfully), with intent to avoid…