In In Ex parte Byrd 33 752 S.W.2d 559 (Tex. Crim. App. 1988), the State filed a motion to revoke probation ("MRP"), alleging, in part, that the probationer had failed to participate in a community-based program either until he was successfully discharged or until he received further order from the trial court. At the MRP hearing, the State offered testimony that the probationer left the program as evidence that the probationer had violated a condition of his probation, but the trial court held that the evidence was insufficient because the State failed to prove that he left "without permission." The State immediately filed another MRP, setting out the same probation violation, but with much greater elaboration. It alleged that Mr. Byrd: left the center without permission; never returned to the center; did not contact the court or probation department; was unsuccessfully discharged from the center. Because the latter three allegations were never placed in issue during the first hearing, collateral estoppel did not bar their litigation during the second hearing.