(concurring).
I concur with the results reached by my brothers, but I do not feel that the extensive discussion of the issue is necessary. I would simply hold that the motion for revocation is not a “prosecution” for the offense alleged to show a violation of the condition of probation. A probationer is not entitled to a trial by jury. Harris v. State, 486 S.W.2d 317 (Tex.Cr.App.1972). Likewise, the constitutional provision raised by appellant does not apply to the allegations of a motion to revoke probation.
ODOM, J., joins in this opinion.