Labelle v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

In 1977, appellant pled guilty to the offense of burglary of a habitation. See V.T.C.A. Penal Code, § 30.02(a)(1). The trial judge sentenced him to ten years confinement in the Texas Department of Corrections, but suspended the sentence and placed appellant on probation for ten years. In 1981, the State filed a motion to revoke probation in the same court in which appellant had been placed on probation. The trial judge granted the motion, revoked ap pellant's probation, and sentenced him to five years imprisonment in the Texas…