Christopher Michael Parker v. State

• Court: Court of Appeals of Texas
• Decided: November 15, 2006
• Docket: 10-06-00036-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00036-CR

Christopher Michael Parker,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 249th District Court

Johnson County, Texas

Trial Court No. F35431

MEMORANDUM  Opinion

      On ten years’ community supervision for felony possession of a firearm, Appellant Christopher Michael Parker pled “true” to six allegations in the State’s Motion to Revoke Community Supervision.  Parker admitted that he tested positive for cocaine on May 5, 2004 and tested positive for marihuana on multiple occasions in May and June 2004 in violation of the conditions of his community supervision.  The trial court revoked Parker’s community supervision and sentenced him to ten years in prison.  Parker appeals, asserting that the evidence was insufficient to revoke his probation.

      To overturn a revocation order, a defendant must successfully challenge each finding on which the revocation is based.  Harris v. State, 160 S.W.3d 621, 626 (Tex. App.—Waco 2005, pet. dism’d).  However, a defendant cannot challenge a revocation finding on an allegation to which he pled “true.”  Id. (citing Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979)).  Once a plea of true is entered, the sufficiency of the evidence may not be challenged.  Rincon v. State, 615 S.W.2d 746, 747 (Tex. Crim. App. 1981).

      Parker’s plea of “true” is sufficient to support the revocation of his community supervision.  Cole, 578 S.W.2d at 128.  Accordingly, we overrule his sole issue and affirm the judgment of the trial court.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed November 15, 2006

Do not publish

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