Got more of the story.
Defendant was convicted a trial for 2 offenses and placed on probation. We can only find in the courts file the community supervision paper work signed by the defendant for one case. On the other case we have only the judgment placing the defendant on probation but no terms and conditions of probation even though he was convicted and sentanced on the same day. We filed a motion to revoke on both cases and he is fighting us in that he states he didnt have notice as to the second case's terms and conditions and therefore we cannot revoke him on that case. Any ideas, this is a notice issue right?


Thanks

[This message was edited by Chris Parker on 01-29-07 at .]

[This message was edited by Chris Parker on 01-29-07 at .]

Unless the second judgment makes some sort of reference to the conditions in the other case or the record reflects an acknowledgement by the defendant that he understands the same conditions apply in both cases, I would think you must go back and amend the judgment, and you will likely not be able to use the amendment to revoke. Sounds like a substantive problem under 42.01 (10). One of the elements you must prove to revoke is the imposition or existence of a particular condition (alleged to be violated). Hard to do with no written order setting forth the condition!

Agreed, get the court reporter to give you the transcript. Also check the docket sheet.

And don't forget to check the probation officer's file. If there was paperwork filled out on both cases, but the clerk lost one set, perhaps the defendant signed an acknowledgement of receipt of cop's in the case with the missing paperwork

Are sex offenders put in general population?