Payne v. State

OPINION

ODOM, Judge.

This appeal is from an order revoking probation.

On July 7, 1971, appellant entered a plea of guilty before the court to the offense of unlawful possession of a narcotic drug, to-wit: marihuana; punishment was assessed at five years. Imposition of the sentence was suspended and probation granted. One of the terms and conditions of probation was that appellant commit no offense against the laws of this or any other state or of the United States.

On April 21, 1972, a motion to revoke probation was filed alleging that appellant “committed the offense of driving while intoxicated…