O'HERN v. State

OPINION

DOUGLAS, Judge.

This is an appeal from an order revoking probation.

Appellant pled guilty to felony theft on November 10, 1971. His punishment was assessed at five years, probated. One of the conditions of his probation was that he commit no offense against the laws of this State.

A motion to revoke probation was filed on December 6, 1973. A hearing on the motion was held on April 15,1974. At such hearing the court admitted the testimony taken at the trial of Cause No. 209508, State of Texas v. Clarence Michael O’Hern. At that trial, which commenced March 25, 1974, the complaining witness…