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McDONALD v. STATE

No. 61189.

608 S.W.2d 192 (1980)

Teddy Joe McDONALD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

On Rehearing November 26, 1980.

Attorney(s) appearing for the Case

Lane Arthur, Lubbock, for appellant.

John T. Montford, Dist. Atty., and Jim B. Darnell, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and CLINTON, JJ.

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-Bradley2 theme3 of a new form of judicial notice. That is, a trial court hearing a motion to revoke probation may judicially notice evidence...

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