Broussard v. State (2)

In Broussard v. State, 598 S.W.2d 873 (Tex. Crim. App. 1980), while on probation for burglary, the defendant was convicted of aggravated robbery and delivery of methamphetamine. One of the conditions of his probation was that he commit no other offense against the laws of this state. At the revocation hearing, the judge took notice of the evidence that he heard while presiding over appellant's trial on the new offenses and revoked his probation. 598 S.W.2d at 874. On appeal, the defendant argued the evidence was insufficient to support probation revocation. In rejecting the complaint, the court explained it is "sufficient evidence, to support probation revocation, that the judge took notice of the evidence that was introduced at a probationer's trial before the same judge." Id. The court noted the appellate records of those trials were before it to review. Id. Additionally, the court noted appellant forfeited any complaint about the propriety of the judge taking judicial notice by failing to object below.