Evans v. State

AKIN, Justice.

Our original opinion in this cause, dated November 15, 1985, is withdrawn, and this opinion is substituted therefor. Melvin Stanley Evans was convicted for first-degree-felony violation of the Controlled Substances Act and punishment was assessed at ten years in the Texas Department of Corrections, probated. Appellant’s initial probation was revoked, and he subsequently was released, ostensibly on shock probation. In his sole ground of error, appellant asserts that the trial court erred in voiding his shock probation on November 21, 1984, and in resentencing him in reliance…