Fleming v. State

OPINION

MORRISON, Judge.

The offense is arson; the punishment, eight (8) years, probated.

This is an appeal from an order revoking probation.

Ground of error number one alleges that the trial court abused its discre tion because there was no evidence introduced at the hearing as to the terms of probation. While concededly it is better practice to introduce both the judgment granting probation and the motion to revoke, this Court has held that where the hearing is before the same court and judge who granted probation originally and set the terms thereof, that the court under such circumstances…