Does the 20-day notice requirement of CCP 38.22 apply to a hearing on a motion to revoke probation held before 20 days has elapsed from filing the MRP?

“No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless: . . . (5) not later than the 20th day before the date of the proceeding, the attorney representing the defendant is provided with a true, complete, and accurate copy of all recordings of the defendant made under this article.” Tex. Crim. Proc. Code Ann. § art. 38.22 Sec. 3(a).

Vs.

“If the defendant has not been released on bail as permitted under Subsection (b-1), on motion by the defendant the judge who ordered the arrest for the alleged violation of a condition of community supervision shall cause the defendant to be brought before the judge for a hearing on the alleged violation within 20 days of filing of said motion, and after a hearing without a jury, may either continue, extend, modify, or revoke the community supervision.” Tex. Crim. Proc. Code Ann. § art. 42.12 Sec. 21(b-2).

Prior to 2012 I would have told you that a revocation proceeding was an "administrative proceeding" and that Art. 38.22 did not apply. Given the opinion in Ex parte Doan, 369 S.W.3d 205 (Tex.Crim.App.--2012) I think that each of the provisions of Art. 38.22 do apply.

That being said--I don't think the Defendant has an absolute right to have his hearing concluded within the 20 day period. I would absolutely give notice as quickly as practicable. At the hearing try to introduce the evidence. If the Defendant objects--his remedy, in my opinion, would be for the Court to continue the hearing to give the Defendant the twenty days the Defendant requested.