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Trautschold v. State

Court of Criminal Appeals of Texas
May 12, 1971
466 S.W.2d 586 (Tex. Crim. App. 1971)

Opinion

No. 43750.

May 12, 1971.

Appeal from the 54th Judicial District Court, McLennan County, Carl C. Anderson, J.

Tom Moore, Jr., Winthrop Seley, Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., Frank M. Fitzpatrick, Jr., Kenneth H. Crow, and James R. Barlow, Asst. Dist. Attys., Waco and Jim D. Vollers, State's Atty., Austin, for the State.


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.


Summaries of

Trautschold v. State

Court of Criminal Appeals of Texas
May 12, 1971
466 S.W.2d 586 (Tex. Crim. App. 1971)
Case details for

Trautschold v. State

Case Details

Full title:Carl A. TRAUTSCHOLD, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: May 12, 1971

Citations

466 S.W.2d 586 (Tex. Crim. App. 1971)

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