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TORRES v. STATE

No. 61924.

595 S.W.2d 537 (1980)

Gilbert Juan TORRES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

March 19, 1980.

Attorney(s) appearing for the Case

Carolyn D. Hobson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Kristen E. Moore, Winifred E. Akins and Matt Leeper, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, PHILLIPS and CLINTON, JJ.

OPINION

DOUGLAS, Judge.

The conviction was for burglary of a habitation. Punishment was assessed at five years, probated. This is an appeal from the order revoking probation.

Appellant's sole contention is that the trial court abused its discretion in revoking his probation when it improperly took judicial notice of the evidence adduced at the first revocation hearing, for which a new trial had been granted...

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