Trautschold v. State
This text of 466 S.W.2d 586 (Trautschold v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
This is an appeal from a conviction for possession of marihuana with the punishment being assessed at five years.
On December 1, 1969, the appellant, having waived trial by jury, entered a plea of guilty before the court.
His sole contention on appeal is that the trial court erred in failing to grant his motion for probation.
Where the motion for probation has been presented to the trial court, it rests within the sound discretion of the court as to whether probation should be granted and such decision is not appealable. Martin v. State, Tex.Cr.App., 452 S.W.2d 481, and cases there cited.
The judgment is affirmed.
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Cite This Page — Counsel Stack
466 S.W.2d 586, 1971 Tex. Crim. App. LEXIS 1897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trautschold-v-state-texcrimapp-1971.