Ex Parte Moffett

OPINION

DALLY, Commissioner.

This is a post conviction habeas corpus proceeding filed pursuant to the provisions of Article 11.07, V.A.C.C.P. in which the petitioner collaterally attacks an order revoking probation. If the order revoking probation is based on no evidence — rather than merely insufficient evidence — there is a violation of the due process clause of the United States Constitution and a collateral attack on the order of revocation would be proper. The pertinent facts to be considered follow.

On June 19, 1973, after the appellant entered a plea of guilty before a jury in Cause…