McDonald v. State

OPINION ON STATE’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

This is an appeal from an order revoking appellant's probation. On September 20, *1981977, the appellant was convicted for the offense of burglary and he received a ten year probated sentence. Appellant’s probation was revoked on September 19, 1978, and on the 28th of September, 1978, the appellant was sentenced.

The case is one where the trial court, at the hearing on State’s Motion to Revoke, took judicial notice of the proceedings which occurred at appellant’s trial for burglary four days earlier. At the hearing, the trial court…