Black, Stephen Fredrick v. State

• Court: Court of Appeals of Texas
• Decided: July 28, 2005
• Docket: 14-04-00471-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed July 28, 2005

Affirmed and Memorandum Opinion filed July 28, 2005.

In The

Fourteenth Court of Appeals

_______________

NO. 14-04-00471-CR

STEPHEN FREDRICK BLACK, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 00CR0664

M E M O R A N D U M   O P I N I O N

Stephen Frederick Black appeals the revocation of his post-conviction community supervision on the ground that he was unable to comply with the conditions for which his probation was revoked due to indigence and lack of transportation.  Appellant=s brief does not state a standard of review or recognized ground for reversal of a judgment, and does not challenge the sufficiency of the evidence to prove that he failed to comply with his probation conditions.  See Tex. R. App. P. 38(h).  To the extent he is challenging the factual sufficiency of the evidence supporting the revocation, his testimony that he was unable to comply with conditions does not greatly outweigh the evidence in the record that transportation was, in fact, available to him.  See, e.g., Vodochodsky v. State, 158 S.W.3d 502, 510 (Tex. Crim. App. 2005).  Because appellant=s sole issue thus affords no basis for relief, it is overruled and the judgment of the trial court is affirmed.

/s/        Richard H. Edelman

Justice

Judgment rendered and Memorandum Opinion filed July 28, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).