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cited 2× by 2 distinct cases, last quoted 2008 ·
…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.
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Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
John Cleven Davis v. State
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.
discussed
Cited as authority (quoted)
John Cleven Davis v. State
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.
Retrieving the full opinion text from the archive…
Carl R. JACKSON, Appellant,
v.
the STATE of Texas, Appellee
v.
the STATE of Texas, Appellee
44418.
Court of Criminal Appeals of Texas.
Dec 21, 1971.
474 S.W.2d 237
Frank B. Kelley, San Antonio, for appellant., Ted Butler, Dist. Atty., Robert H. Spicer and Lucien B. Campbell, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State’s Atty., Austin, for the State.
Morrison.
Cited by 8 opinions | Published
Citer courts: Court of Appeals of Texas (2)
OPINION
MORRISON, Judge.This is an appeal from a conviction for burglary with the punishment being assessed at five (5) years.
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. Trautschold v. State, Tex.Cr.App., 466 S.W.2d 586, Martin v. State, Tex.Cr.App., 452 S.W.2d 481, and cases there cited.
The judgment is affirmed.