Flores v. State ( 1959 )

ON MOTION FOR REHEARING

BELCHER, Judge

It is insisted that the order of revocation is not authorized under the sole condition relied on for revocation, that is, that he not commit any offense against the laws of this State or any other State because such order finds only that he had been arrested which was not a condition of his probation.

The order of revocation finds that the appellant had violated the terms and conditions of his probation by the commission of an offense and the evidence heard by the court warrants such finding.

Following such finding there appears a statement that the appellant had been arrested for burglary. However, there is no showing that the order of revocation rests upon such statement.

The motion for rehearing is overruled.

Opinion approved by the Court.