Court of Criminal Appeals of Texas

Rickey Lee Bradley, Appellant v. the State of Texas, Appellee

April 5, 19781978 Tex. Crim. App. LEXIS 1091

Summary

The Court of Criminal Appeals abated the appeal because the record did not contain the facts judicially noticed from the prior murder trial, directing the State to supply a transcription of the court reporter's notes. The majority held that without such a record the appellate court cannot review the sufficiency of the evidence supporting the revocation of probation. The decision was contested by three dissenting opinions, which argued either for overruling the Barrientez rule or for affirming the revocation without abatement, and a concurring opinion that agreed with the result but suggested procedural improvements.