TDCAA TDCAA Community Appellate MTR question RE: mis-labelling underlying conviction in MTR paperwork
Our office convicted someone on a lesser included and placed the person on probation. He violated his terms, and MTR paperwork was filed. The hearing was held over a year after probation had expired.
Defense counsel waited until after both sides rested and then pointed out that the MTR paperwork listed the underlying conviction as the original offense, not the lesser included that defendant was convicted of.
He argued that 1) we could not revoke being that defendant was not convicted of the underlying offense listed in the procedural history, and 2, defendant did not have notice of allegations against him, given the fact that the State had gotten the underlying conviction wrong in the MTR procedural history.
Defendant was revoked and filed an appeal. I'm attempting to respond to the appeal. Case law indicated that his notice complaint was waived, given that he waited that long to raise it. However, I can't find authority on the other issue.
My argument is that the procedural history in the MTR is surplusage. Does anyone have any case law they'd be willing to share that addresses this. Or alternatively, any additional arguments to make that have authority to back them up?
I'd appreciate any help.
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