Garcia v. State

*540OPINION

PHILLIPS, Judge.

This is an appeal from an order revoking probation. On January 6, 1972, appellant pleaded guilty to the felony offense of possession of marihuana; punishment was assessed at 10 years’ probation. On September 21, 1978, appellant’s probation was revoked; appellant was sentenced to six years’ imprisonment.

At the probation revocation hearing, defense counsel expressed doubt about appellant’s competency and filed a written motion for appointment of a psychiatrist. In support of this motion defense counsel presented two witnesses. The court granted the motion and recessed the…