Thompson v. State

OPINION

W. C. DAVIS, Judge.

The appellant was convicted of delivery of methqualone. The jury assessed punishment at three years confinement.

On appeal, appellant contends that the trial court erred in failing to submit the issue of probation to the jury. We agree and reverse. On January 13,1978, after the jury had returned a verdict of guilty in the ease, the trial court refused to file appellant’s application for probation for the jury’s consideration because of a prior theft conviction. See Article 42.12, Sec. 3a, Vernon’s Ann.C.C.P. The record reflects that the appellant was convicted for…