JT Taylor v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 31, 2024
• Docket: 05-23-00517-CR
• Status: Published

Opinion

AFFIRMED and Opinion Filed May 31, 2024

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-23-00517-CR

JT TAYLOR, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F17-50379-I

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Carlyle The grand jury indicted JT Taylor for aggravated robbery in 2017. Mr. Taylor

entered a guilty plea, after which the trial court deferred adjudication and placed him

on community supervision. The State moved to revoke Mr. Taylor’s community

supervision and adjudicate guilt in 2022, alleging that he violated five terms of his

community supervision by: (1) committing aggravated assault with a deadly

weapon; (2) failing to report to his supervision officer as directed; (3) failing to

participate in outpatient counseling; (4) failing to participate in an anger- management program; and (5) failing to participate in a battering intervention and

prevention program.

At the revocation hearing, Mr. Taylor entered a plea of not true to the State’s

alleged violations. The evidence at the hearing focused primarily on whether Mr.

Taylor committed aggravated assault when he attacked a woman who attempted to

repossess his friend’s car. The victim testified that, as she began to drive away in the

car, Mr. Taylor and another person chased after her. Mr. Taylor and the other assailant

ran the victim off the road, after which Mr. Taylor pulled the victim out of the car,

began punching her in the head, picked her up, slammed her on the ground, kicked

her, stomped on her, and hit her in the head with a pistol. As for the other alleged

violations, a parole officer testified that Mr. Davis: (1) failed to report to his

supervising officer as directed; (2) failed to complete the required outpatient

counseling; and (3) failed to complete the required battering intervention and

The trial court found that Mr. Taylor violated the terms of his community

supervision as alleged by the State, adjudicated Mr. Taylor guilty for the deferred

aggravated robbery charge, and sentenced him to twelve years’ imprisonment. On

appeal, Mr. Taylor contends the evidence does not sufficiently support a finding that

he committed aggravated assault because he reasonably believed the assault was

necessary in defense of property. See TEX. PENAL CODE § 9.41(b)(1).

–2– We review a trial court’s decision to revoke community supervision for abuse

of discretion. Hacker v. State, 389 S.W.3d 860, 865 (Tex. Crim. App. 2013). To

revoke community supervision, the State must show by a preponderance of the

evidence that the defendant violated a term of that supervision. Id. at 864–65. Proof

of any one of the alleged violations is sufficient to support revocation. Moses v. State,

590 S.W.2d 469, 470 (Tex. Crim. App. 1979). Thus, we should affirm the trial court’s

judgment if the defendant does not challenge all grounds on which the trial court

revoked community supervision. See Villegas v. State, No. 05-09-01292-CR, 2010

WL 2574215, at *1 (Tex. App.—Dallas June 29, 2010, no pet.) (not designated for

publication). Here, Mr. Taylor does not challenge all of the revocation grounds the

State alleged and the trial court found true. Thus, we need not address Mr. Taylor’s

arguments concerning whether the evidence sufficiently supports a conclusion that

he committed aggravated assault. See id.

We affirm the trial court’s judgment.

/Cory L. Carlyle/ CORY L. CARLYLE Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 230517F.U05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JT TAYLOR, Appellant On Appeal from the Criminal District Court No. 2, Dallas County, Texas No. 05-23-00517-CR V. Trial Court Cause No. F17-50379-I. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Partida-Kipness and Pedersen, III participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered May 31, 2024

–4–