Hilton v. State

443 S.W.2d 844, 1969 Tex. Crim. App. LEXIS 1050

Opinions

OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation.

Appellant was convicted July 9, 1965 upon his plea of guilty for the offense of burglary. His punishment was assessed at four years. The execution of sentence was suspended, according to the law then in effect, and appellant was granted probation. One of the conditions of probation was that appellant commit no offense against the laws of any state or of the United States. On December 13, 1967, the State filed a motion to revoke probation alleging that appellant committed an offense of passing a forged instrument on July 7, 1967. Appellant was tried and found guilty of the offense of passing a forged instrument on August 21, 1968. The evidence in that trial was before the same judge who granted and revoked probation in this cause.¹

The evidence used for revocation was sufficient to show the commission of the offense of passing a forged instrument and is set out in Hilton v. State, Tex.Cr.App., 443 S.W.2d 843 (No. 42,222), this day decided.

Appellant attempts to use the same grounds of error relied upon in Cause No. 42,222 for reversal of the order revoking probation. In appeals of this type, this Court’s review is limited to a determination of whether the trial judge abused his discretion in revoking probation. Campbell v. State, Tex.Cr.App., 427 S.W.2d 621; Wilkerson v. State, Tex.Cr.App., 395 S.W.2d 618.

No abuse of discretion is shown; the judgment is affirmed.

1 . Harris v. State, 169 Tex.Cr.R. 71, 331 S.W.2d 941, was reversed because the commission of an offense and the conviction were alleged for revocation of probation and the court relied solely upon the verdict. The proof showed no final conviction because the case was on appeal. The present ease is distinguished because the commission, not the conviction, of an offense was alleged and proved.