Barrientez v. State

This appeal presents the question of whether in a probation revocation hearing, over objection, a trial judge may take judicial notice of testimony given in a prior trial and use the same as the basis of the revocation where such testimony is not in any way incorporated in the record.

The appellant was placed on probation on September 18, 1970. On June 18, 1971, the State filed a motion to revoke probation alleging that the appellant had violated his probationary condition not to commit a penal offense “in this, to wit: The said probationer, on November 3, 1970, committed the offense of…