Gene Maurice Massey v. State

• Court: Court of Appeals of Texas
• Decided: June 30, 2004
• Docket: 10-02-00225-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-02-00225-CR

Gene Maurice Massey,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 25464CR

CONCURRING Opinion

As noted in their discussion of the sufficiency of the evidence, Massey pled true to the allegations that he violated his conditions of community supervision.  A plea of true to any one of the alleged violations is sufficient to support the trial court's order of revocation.  Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979); Moore v. State, 11 S.W.3d 495, 498 n. 1 (Tex. App.—Houston [14th Dist.] 2000, no pet.); Aldredge v. State, 703 S.W.2d 354, 355 (Tex. App.—Waco 1985, no pet.).  And once a plea of true has been entered, a defendant may not challenge the sufficiency of the evidence to support the subsequent revocation.  Cole, 578 S.W.2d at 128.

Nothing further in support of the allegation is needed.  Thus, the majority’s discussion of the evidence and apparent reliance, in part, upon it is unnecessary to the disposition of the appeal.  I concur in the judgment affirming the revocation of community supervision.

                                                                   TOM GRAY

                                                                   Chief Justice

Concurring opinion delivered and filed June 30, 2004

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