In Earley v. State, 855 S.W.2d 260 (Tex.App.--Corpus Christi 1993), pet. dism'd, improvidently granted, 872 S.W.2d 758 (Tex.Crim.App. 1994), upon granting probation to the defendant, the trial judge told him "if you foul up I want you to know that I'll probably set your punishment right at the top level of the punishment range, and I won't have any sympathy for you . . . ." 855 S.W.2d at 262. When the defendant appeared before the trial judge at a hearing on the State's motion to revoke his probation, before any evidence was presented, the trial judge told the defendant "I am just upset that . . . you did a third-degree felony; I would rather have seen you with a first-degree, because I would like to give you life." Id. The trial judge then imposed the maximum punishment. Id. The court of appeals reversed the defendant's conviction, concluding that the trial judge clearly indicated a desire to revoke probation and assess a maximum sentence before listening to the evidence. Id. at 262-63.