OPINION
Thе offense is arson; the punishment, eight (8) years, probated.
This is an appeal from an order revoking probation.
Ground of error number one alleges that the trial court abused its discre
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tion because there was no evidence introduced at the heаring as to the terms of probation. While concededly it is better рractice to introduce both the judgment granting probation and the motion to revoke, this Court has held that where the hearing is beforе the same court and judge who granted probation originally and set the terms thereof, that the court under such circumstances might take judicial knowledge of the conditions of probation which have been imposed. Horman v. State, Tex.Cr.App.,
Reliance is had upon Smith v. State, Tex.Cr.App.,
In this case, the State introduced without objection appellant’s monthly probation report signed by him which followed his arrest for speeding and driving while intoxicated. In this report, the follоwing typewritten question appears: “If -you have violated any оf the conditions of your probation, indicate same here.” Aрpellant gave a handwritten answer as follows: “Yes speeding and DWI”.
Wicker was reversed because one of the terms of probatiоn was that probationer not commit a violation of the law while the court, which revoked probation, only found that probatiоner had “been charged” with such a violation. In this case, the first condition of probаtion, which though not introduced in evidence at the hearing is made а part of this record on appeal, was that probationer “commit no offense-”. The judgment revoking probation found that probationer “unlawfully drove and operated a motor vehicle over and upon a public road while under the influence of intoxicating liquor”.
Appellant next contends that “the burden of proof was improperly placed upon appellant”. This сontention is predicated upon the language of the ordеr of the court requiring him to appear for the hearing which recited in part: “THESE ARE, THEREFORE, to require you to appear at the time and place as above stated, and answer said order showing cause if you can, why the same should not be granted”. At the hearing the State called as the first witness Highway Patrolman Warren who testifiеd that while on patrol he observed an automobile being driven аt 90 mph in a 65 mph zone, gave chase and determined that apрellant who was the driver was under the influence of intoxicating liquor and that he filed a charge of speeding and DWI against him.
Thus, regardless of the phraseology of the order, the State assumed the burden of proving a violation of the terms of probation and no error is reflected.
Next, appellant contends that the motion to revoke was legally defective because it recited “and this Court suspended the execution of sentence and placed the said Defendant on probation”, whereas it should have stаted that the “Court suspended the imposition of the sentence. . .”
While appellant’s pretrial objections to the motion to rеvoke were made, none were leveled at the discreрancy herein pointed out.
This Court has recently held in Willey v. State,
Finding no reversible error, the judgment is affirmed.