Avalos v. State

I concur in the result reached for reasons hereinafter stated, but I dissent to that portion of the opinion which indicates that this court can presume the appellant knew one condition of his probation although we cannot so presume as to other conditions of probation. This court should not engage in such presumptions.

There is much to the old saying: “Bad cases make bad law.’’ Poorly kept records, poorly tried cases, and inadequately prepared appellate records are all fertile breeding grounds for the presentation of issues to an overburdened appellate court based not on what actually…