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491 S.W.2d 129

Nading v. State

Court of Criminal Appeals of Texas · decided 1973-03-07

Relies on Trautschold v. State

Decided 1973-03-07

¶1OPINION

ODOM, Judge.

¶2This appeal is from a conviction for the offense of robbery by firearms with the punishment being assessed at seven years.

¶3On May 3, 1972, the appellant waived his right to a trial by jury and entered a plea of guilty to the offense before the court.

¶4On appeal his sole contention is that “The trial court abused its discretion in denying the appellant’s application for probation.”

¶5*130Such contention is overruled. It rests within the sound discretion of the trial court as to whether probation should be granted and such decision is not appeala-ble. E. g. Trautschold v. State, Tex.Cr. App., 466 S.W.2d 586.

¶6No motion for rehearing will be filed by the Clerk except by leave of this Court upon a showing of good cause.

¶7The judgment is affirmed.

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