From Casetext: Smarter Legal Research

Toler v. State

Court of Criminal Appeals of Texas
Dec 20, 1972
487 S.W.2d 726 (Tex. Crim. App. 1972)

Opinion

No. 46236.

December 20, 1972.

Appeal from 47th District Court, Potter County, E. E. Jordan, J.

V. G. Kolius, Amarillo, for appellant.

Tom Curtis, Dist. Atty. and Charles Hurd, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION


This is an appeal from an order revoking probation.

On the 13th day of October, 1971, the appellant was convicted on his plea of guilty for the offense of arson. The imposition of sentence was suspended and appellant was placed on probation. On the 22nd day of February, 1972, a motion to revoke probation was filed alleging a violation of two conditions of probation. At the hearing to revoke, the appellant answered 'true' to the allegations that he had violated the conditions of probation. The proof supports the allegations.

Court-appointed counsel on appeal has concluded that the appeal is frivolous. We agree. The record shows that a copy of the brief has been furnished the appellant in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, and Gainous v. State, Tex.Cr.App., 436 S.W.2d 137.

The appeal is frivolous. The judgment is affirmed. Absent a showing of good cause, no motion for rehearing will be filed or entertained.


Summaries of

Toler v. State

Court of Criminal Appeals of Texas
Dec 20, 1972
487 S.W.2d 726 (Tex. Crim. App. 1972)
Case details for

Toler v. State

Case Details

Full title:Neal TOLER, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Dec 20, 1972

Citations

487 S.W.2d 726 (Tex. Crim. App. 1972)