Labelle v. State

720 S.W.2d 101, 1986 Tex. Crim. App. LEXIS 875
CourtCourt of Criminal Appeals of Texas
DecidedNovember 19, 1986
Docket1239-85
StatusPublished
Cited by102 cases

This text of 720 S.W.2d 101 (Labelle v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labelle v. State, 720 S.W.2d 101, 1986 Tex. Crim. App. LEXIS 875 (Tex. 1986).

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

On August 4, 1977, appellant was charged with the offense of burglary of a habitation. On March 14, 1978, appellant pled guilty to the charged offense. On August 2, 1978, the trial court assessed punishment at ten years imprisonment, probated. On April 2, 1981, the State moved to revoke appellant’s probation, alleging [103]*103that he had removed and destroyed a governmental record. The trial court subsequently revoked appellant’s probation, and sentenced him to five years imprisonment.

On appeal to the El Paso Court of Appeals, appellant’s conviction was reversed because the State failed to negate a statutory exception in the revocation pleading; however, the appellate decision was reversed by this Court and remanded for consideration of appellant’s other grounds. Labelle v. State, 670 S.W.2d 755 (Tex.App.—El Paso 1984), rev’d, 692 S.W.2d 102 (Tex.Cr.App.1985).

On remand, the El Paso Court of Appeals again reversed appellant’s conviction, holding that the motion to revoke probation filed by the State failed to afford appellant adequate notice and therefore deprived appellant of due process. Labelle v. State, 698 S.W.2d 738 (Tex.App.—El Paso 1985). The State petitioned this Court for discretionary review of whether the descriptive averments in the motion to revoke were sufficient to afford appellant adequate due process notice. We granted the State’s petition to determine whether the Court of Appeals was correct in determining that the trial court erred by overruling appellant’s motion to quash the revocation motion because it failed to provide adequate notice, and reversing the judgment of the trial court.

We will begin by quoting the relevant portion of the State’s motion to revoke, which alleges that:

“[O]n or about the 18th day of February, 1981, in the County of El Paso and State of Texas, the said defendant, DAVID WAYNE LABELLE, did then and there (unlawfully), intentionally remove a governmental record from the El Paso County Court Residential Treatment Center in violation of the above mentioned condition of probation [that he ‘commit no offense against the laws of this State or any other State, or of these United States’].”
“Furthermore, on or about the 18th day of February in the County of El Paso and State of Texas, the said defendant, DAVID WAYNE LABELLE, did then and there unlawfully intentionally destroy a governmental record belonging to the El Paso County Adult Probation Department in violation of the abovemen-tioned condition of probation.”

On April 24, 1981, appellant filed an amended motion to quash the State’s revocation motion alleging, in pertinent part, that the charging paragraph was defective:

“... in that it is vague and fails to give fair notice of the alleged violation because it fails to specify what law or laws Defendant is alleged to have violated, because it fails to specify what document alleged to be a governmental record Defendant is alleged to have removed and destroyed, and because it fails to identify the place where Defendant is alleged to have destroyed such document. These defects in the State’s Motion to Revoke probation constitute a denial of Defendant’s due process rights in that such Motion does not give Defendant sufficient information to properly defend against the charge made.”

The trial court overruled appellant’s motion to quash.

Appellant appealed the trial court’s action on the motion to quash to the El Paso Court of Appeals. That court held that although due process generally requires that a defendant be adequately informed of the nature of the accusation against him, he may be entitled to more specific information upon proper motion, citing Drumm v. State, 560 S.W.2d 944 (Tex.Cr.App.1977). The court added that a motion to revoke probation does not require the same particularity as an indictment and must simply afford the defendant minimal due process by fair notice of the alleged probation violation.

In determining whether the instant motion to revoke probation afforded appellant adequate notice of the charges against him, the appellate court considered four factors:

“(1) whether further meaningful specificity could have been provided; (2) the procedural difficulties occasioned by re-pleading; (3) a retrospective evaluation [104]*104of the revocation hearing to assess actual harm due to [sic] the absence of more specific pleading; and (4) the consequences of reversal.” [Emphasis in original.]

Labelle, 670 S.W.2d at 740. After considering the instant case with reference to these factors, the appellate court found that “due process should have compelled a more specific pleading description of the governmental record.” Id.

Before this Court, the State argues that the Court of Appeals should not have used the preceding test, and even if that test is applied, the instant motion to revoke sufficiently apprised appellant of the alleged probation violation.

We will first determine whether the instant motion to revoke was sufficient when challenged on the basis that it failed to provide appellant with sufficient notice of the accusations against him. The allegations in a motion to revoke probation need not be alleged with the same particularity required in an indictment or information, but must fully and clearly set forth the alleged violations of probation so that the defendant might be informed as to what he will be called to defend against. Garner v. State, 545 S.W.2d 178, 179 (Tex.Cr.App.1977), and cases cited therein. Stated differently, the motion to revoke must give the defendant fair notice of the violation in order to comport with minimum due process requirements. Labelle, 692 S.W.2d at 105, footnote 2, and cases cited therein.

When a defendant challenges a motion to revoke on the grounds of insufficient notice, he is entitled to have the motion reflect the charges against him so that he may prepare a defense. Matte v. State, 572 S.W.2d 547 (Tex.Cr.App.1978). As was stated in Gamer, supra at 179:

“While the allegations in a motion to revoke probation do not require the same particularity of an indictment or information, in all fairness the allegations as to violation of probation should be fully and clearly set forth in the revocation motion, so that the defendant and his counsel might be informed as to that upon which he will be called to defend, [citations omitted.] When the allegations in the motion fail to fully inform the probationer, and the trial court refused to sustain an exception timely filed, the probationer is denied the rudiments of due process.”

See also Kuenstler v. State, 486 S.W.2d 367 (Tex.Cr.App.1972), and cases cited therein at 369. A review of several relevant cases is helpful at this juncture.

In Mitchell v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
720 S.W.2d 101, 1986 Tex. Crim. App. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labelle-v-state-texcrimapp-1986.