Howery v. State

OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation.

On November 5, 1973, the appellant entered a guilty plea before the court to the offense of burglary of a private residence at night with intent to commit theft. Punishment was assessed at six (6) years, but the imposition of sentence was suspended and the appellant was placed on probation subject to certain probationary conditions.

On July 3, 1974, a first amended motion to revoke probation was filed alleging in two counts that the appellant on June 8, 1974 and June 9, 1974, “did then and there knowingly and…