McFarland v. State

AKIN, Justice.

Defendant appeals from his conviction for forgery and from the revocation of his probation. Defendant received a three year probated sentence for forgery, which was revoked on April 23,1981. Because we hold that the probation revocation hearing violated Tex.Code Crim.Pro.Ann. art. 42.12 § 8(a) (Vernon Supp.1982) and denied de*18fendant due process of law, we reverse the order revoking defendant’s probation.

On March 27, 1981, the trial court first considered the State’s motion to revoke defendant’s probation. Defendant entered a plea of true to the charge that he failed to report…