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 abated the appeal because the record lacked the testimony that the trial court had taken judicial notice of, directing the State to submit a transcription of the prior trial testimony for the appellate record. The decision follows the Barrientez line but emphasizes the need for a complete record to review sufficiency of evidence. Separate dissents argue the rule should be overruled and the revocation affirmed, while a concurrence agrees with the abatement but proposes future procedural safeguards.