McDonald v. State

OPINION

CLINTON, Judge.

This is an appeal from an order revoking probation followed by imposition of sentence for the original offense. The most serious problem that confronts us arises from a variation on the Barrientez1-Brad-ley2 theme3 of a new form of judicial notice. That is, a trial court hearing a motion to revoke probation may judicially notice evidence admitted by the court in a prior trial of the primary offense to determine *193whether the motion is supported by a preponderance of the evidence-if the same trial judge presided over both proceedings and, perhaps, the accused was…