Kelly v. State

In view of the importance of the decision reached in this case, I concur in the majority opinion, but feel that I should more fully express my reasons.

Appellant urges this court to require the utilization of the reasonable doubt standard in revocation hearings. I can find nothing which indicates that either common sense or the Constitution of the United States requires the state to meet this burden.

Whether a person convicted of a crime should be placed on probation rests within the sound discretion of the trier of fact, e. g. Smith v. State, Tex.Cr.App., 468 S.W.2d 828; Campbell v. State,…