Lawrence Edward Brown v. State Texas

Appellant was convicted of the offense of felony theft on November 24, 1971, and was placed on probation for five years in cause number 165,987. Two of the conditions of said probation were that he "Commit no offense against the laws of this or any other State or the United States," and "Report to the probation officer as directed." The States First Amended Motion to Revoke Probation was filed on November 29, 1972, in causes numbered 167,741 and 165,987, alleging that appellant violated the terms and conditions of his probation in that he "failed to report to his probation officer since Feb. 1, 1972, and all efforts to contact him have failed. That probationer is currently $20.00 in arrears in his supervisory fee. That probationer committed the offense of robbery by assault on May 7, 1972, in Harris County, Texas." On December 12, 1972, causes numbered 167,141 and 165,987 came on for hearing on the motion to revoke. It then being discovered that appellant was not the defendant in cause number 167,741, alleged in the motion to revoke, that portion was abandoned and the hearing proceeded in cause number 165,987. No evidence of the commission of the alleged offense having been introduced, at the conclusion of the hearing the court revoked appellants probation in cause number 165,987 upon its finding that appellant "failed or refused to report to the Probation Department, as ordered by the court," and "refused to pay supervisory fee, in that he was $20.00 in the rear in payments."