Joe Luna v. State Texas

Appellant argues that because he had previously been convicted in Cause No. 12,598 in the District Court of Lubbock County for a sale of heroin to Officer Hernandez occurring on May 4, 1970, that to try him under the present case, Cause No. 12,602, for a sale to Officer Hernandez alleged to have occurred on February 19, 1970, allows the State to nullify its initial probated sentence by the use of multiple prosecutions over a period of several months. Further, he contends that he was denied his "right to probation" because he was forced to have his punishment assessed by the trial court because he had a prior conviction. These contentions are overruled.