Brewer v. State, 44241

• Court: Texas Court of Criminal Appeals
• Writing for the Court: DOUGLAS
• Citation: Brewer v. State, 473 S.W.2d 938 (Tex. Crim. App. 1971)
• Decision Date: 14 December 1971
• Docket Number: No. 44241,44241
• Parties: Darwynne BREWER, Appellant, v. The STATE of Texas, Appellee.

Page 938

473 S.W.2d 938

Darwynne BREWER, Appellant, v. The STATE of Texas, Appellee.

No. 44241.

Court of Criminal Appeals of Texas.

Dec. 14, 1971.

J. Worth Fullingim, Lubbock, for appellant.

Blair Cherry, Jr., Dist. Atty., Ronald M. Jackson, Asst. Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation.

The appellant entered a plea of guilty and was convicted May 29, 1968, for theft by false pretext of property over the value of $50.00. His punishment was assessed at three years. He was placed on probation with one of the conditions being that he 'commit no offense against the laws of this or any other State or the United States.'

An amended motion to revoke probation was filed September 1, 1970, sufficiently alleging violations of the laws of this State by passing two worthless checks. A second amended motion to revoke probation alleging a total of four offenses of passing worthless checks with intent to defraud was filed. The court would not hear evidence on the second but considered the first amended motion.

The court revoked probation September 28, 1970, and made findings which were sufficient to show that he had violated Article 567b, Vernon's Ann.P.C., the worthless or 'hot' check statute.

The proof showed that the appellant was previously convicted and that he passed the check to John Dimick, as well as the other check alleged in the motion to revoke after the account in the bank upon which the check was drawn had been closed and when he did not have sufficient funds on deposit to pay the check.

First, the appellant complains that the court erred in permitting the State to offer proof under the amended motion to revoke dated September 1, 1970, and that the proof should have been offered on the original motion filed August 4, 1970. He contends that to...