# Brown v. State

> Court of Criminal Appeals of Texas · February 14, 1973 · 491 S.W.2d 897

URL: https://www.frixlaw.com/law-library/cases/5040514

## Case

- **Full name:** Sammy BROWN v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 14, 1973
- **Citations:** 491 S.W.2d 897; 1973 Tex. Crim. App. LEXIS 2293
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Green
- **Judges:** Green
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5040514

## Opinion text

OPINION
GREEN, Commissioner.
This appeal is from an order revoking probation. Upon appellant’s plea of guilty before the court on September 21, 1971, he was found guilty of assault with intent to rob. Punishment was assessed at five (5) years imprisonment. The imposition of sentence was suspended and probation was granted.
On March 1, 1972, the trial court heard the State’s motion to revoke probation and found that appellant had violated the condition of his probation that he would commit no offense against the laws of this State, in that on or about November 20, 1971, he was intoxicated in a public place, and on the same date committed the offense of misdemeanor theft. The probation was revoked and appellant was duly sentenced.
Appellant’s sole ground of error reads as follows:
“It is the contention of Appellant that the Trial Court has abused its discretion in revoking Appellant’s probation because the Application for Revocation of Probation is fundamentally void and defective for not concluding ‘against the peace and dignity of the State’ as required by law.”
The identical contention was decided adversely to appellant’s claim by this Court in Rhodes v. State, 491 S.W.2d 895 (1973).
Appellant’s ground of error is overruled.
The judgment is affirmed.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5040514. Public record. Not legal advice.