Opinion issued November 29, 2012.
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-11-00936-CR ——————————— REESARA ASHLEY CARTER, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 56th District Court Galveston County, Texas Trial Court Case No. 09CR0489
MEMORANDUM OPINION
Reesara Ashley Carter appeals the trial court’s adjudication of her guilt.
Carter was placed on deferred adjudication community supervision after pleading
guilty to committing a state jail felony theft. See TEX. PENAL CODE ANN. § 31.03 (West 2011). The State moved to adjudicate Carter’s guilt alleging numerous
violations of the conditions of her community supervision. Carter pleaded “true”
to one allegation and “not true” to eight others. After a hearing, the trial court
found all nine allegations true, adjudicated Carter’s guilt, and imposed punishment
of two years’ imprisonment. In three issues on appeal, Carter asserts that her plea
of “true” was not voluntary, the State did not adduce evidence that she was able to
make the court-ordered payments, and the trial court “may have not considered
Carter’s particular circumstances” when deciding to adjudicate her guilt. We
affirm.
Background
In March 2009, Carter pleaded guilty to the offense of state jail felony theft.
The trial court placed Carter on deferred adjudication community supervision for
three years. The terms of Carter’s community supervision required that she
“[c]ommit no offense against the laws of the State of Texas”; report to her
supervision officer as directed; report any change of address to her supervision
officer; pay a monthly community supervision fee; pay court costs; pay restitution
to the victim; reimburse Galveston County for attorney’s fees; make a payment to a
Crime Stoppers Program; and perform 120 hours of community service. A few
months later, Carter’s community supervision was transferred from Galveston
2 County to Harris County, and she began reporting to a community supervision
officer in Harris County.
But in June 2010, Carter was convicted of a subsequent theft. And because
Carter did not report to her community supervision officer in Harris County after
August 2010, her community supervision was transferred back to Galveston
County. Carter did not report to her Galveston County community supervision
officer either. She also failed to meet her obligations to perform community
service and pay court-ordered costs, fees, and restitution.
The State filed a motion to adjudicate Carter’s guilt, alleging that Carter had
violated the terms of her community supervision. On September 14, 2011, the trial
court held a hearing at which Carter pleaded true to the allegation that she
committed the subsequent offense of theft. After hearing testimony from Carter’s
Galveston County community supervision officer, the court liaison for the
Galveston County Adult Probation department, and Carter, the trial court found
true all grounds alleged for adjudication, adjudicated Carter’s guilt for the
underlying offense, and sentenced her to two years’ confinement. Carter filed a
motion for new trial. Carter presented no evidence at the hearing on that motion,
and the trial court denied it. Carter appealed.
3 Analysis
A. Standard of Review
When a trial court decides to adjudicate the guilt of a person who has been
placed on deferred adjudication community supervision, that decision is
reviewable in the same manner as a decision to revoke community supervision in a
case in which an adjudication of guilt has not been deferred. TEX. CODE CRIM.
PRO. ANN. art. 42.12, §5(b) (West Supp. 2012). “Appellate review of an order
revoking probation is limited to abuse of the trial court’s discretion.” Rickels v.
State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006) (quoting Cardona v. State, 665
S.W.2d 492, 493 (Tex. Crim. App. 1984)). The State’s evidentiary burden in a
revocation case is to show a violation of the conditions of community supervision
by a preponderance of the evidence. Id. (citing Cardona, 665 S.W.2d at 492).
Moreover, “[a] finding of a single violation of the terms of community supervision
is sufficient to support revocation.” Silber v. State, 371 S.W.3d 605, 611 (Tex.
App.—Houston [1st Dist.] 2012, no pet.); see also Moore v. State, 605 S.W.2d
924, 926 (Tex. Crim. App. 1980) (“We need not address appellant’s other
contentions since one sufficient ground for revocation will support the court’s
order to revoke probation.”). Thus, to prevail on appeal, an appellant must
successfully challenge all of the findings that support the trial court’s revocation
order. Silber, 371 S.W.3d at 611; see also Moore, 605 S.W.2d at 926.
4 B. Analysis
In her third issue, Carter contends the trial court abused its discretion by not
considering “Carter’s particular circumstances and her intent” when it found true
the allegations that Carter failed to report. Carter argues that considering all of her
circumstances, the trial court abused its discretion in determining that she willfully
violated the terms of her community supervision.
Carter contends she reported to her community supervision officer for over
a year, until August 2010, “a few months after her child was born.” At about the
time her child was born, in June 2010, Carter’s aunt, with whom Carter had been
living, moved back to Louisiana. After that, Carter had no permanent address.
Carter contends that she kept her Harris County supervision officer informed of
where she was living until her aunt moved. At the hearing, however, Carter
admitted that, at some point, “I stopped reporting then.” Carter also identifies her
lack of transportation, lack of a job, and the fact that she inquired about
transferring her community supervision to Louisiana where she had family to help
her as circumstances the trial court should have considered. However, it is
undisputed that Carter quit reporting after August 2010. Thus, it is undisputed that
Carter failed to report for the months of September, October, November, and
December of 2010, as well as January 2011. Because there is evidence to support
the trial court’s finding by the preponderance of the evidence that Carter failed to
5 report to her community supervision officer as required, the trial court did not
abuse its discretion in adjudicating Carter’s guilt. See Rickel, 202 S.W.3d at 763.
Carter cites Aranda v. State, 684 S.W.2d 794 (Tex. App.—Fort Worth 1985,
pet ref’d), and the dissenting opinion in Pierce v. State, 67 S.W.3d 374, 381 (Tex.
App.—Waco 2001, pet. ref’d), for the proposition that she did not “willfully”
violate the terms of her community supervision, and, therefore, the trial court
abused its discretion by deciding to adjudicate her guilt in light of all of her
pertinent circumstances. In Aranda, the appellant did not read or write English, his
community supervision was transferred to Kansas, he reported to the Kansas
community supervision officer and complied with all requirements in Kansas,
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Opinion issued November 29, 2012.
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-11-00936-CR ——————————— REESARA ASHLEY CARTER, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 56th District Court Galveston County, Texas Trial Court Case No. 09CR0489
MEMORANDUM OPINION
Reesara Ashley Carter appeals the trial court’s adjudication of her guilt.
Carter was placed on deferred adjudication community supervision after pleading
guilty to committing a state jail felony theft. See TEX. PENAL CODE ANN. § 31.03 (West 2011). The State moved to adjudicate Carter’s guilt alleging numerous
violations of the conditions of her community supervision. Carter pleaded “true”
to one allegation and “not true” to eight others. After a hearing, the trial court
found all nine allegations true, adjudicated Carter’s guilt, and imposed punishment
of two years’ imprisonment. In three issues on appeal, Carter asserts that her plea
of “true” was not voluntary, the State did not adduce evidence that she was able to
make the court-ordered payments, and the trial court “may have not considered
Carter’s particular circumstances” when deciding to adjudicate her guilt. We
affirm.
Background
In March 2009, Carter pleaded guilty to the offense of state jail felony theft.
The trial court placed Carter on deferred adjudication community supervision for
three years. The terms of Carter’s community supervision required that she
“[c]ommit no offense against the laws of the State of Texas”; report to her
supervision officer as directed; report any change of address to her supervision
officer; pay a monthly community supervision fee; pay court costs; pay restitution
to the victim; reimburse Galveston County for attorney’s fees; make a payment to a
Crime Stoppers Program; and perform 120 hours of community service. A few
months later, Carter’s community supervision was transferred from Galveston
2 County to Harris County, and she began reporting to a community supervision
officer in Harris County.
But in June 2010, Carter was convicted of a subsequent theft. And because
Carter did not report to her community supervision officer in Harris County after
August 2010, her community supervision was transferred back to Galveston
County. Carter did not report to her Galveston County community supervision
officer either. She also failed to meet her obligations to perform community
service and pay court-ordered costs, fees, and restitution.
The State filed a motion to adjudicate Carter’s guilt, alleging that Carter had
violated the terms of her community supervision. On September 14, 2011, the trial
court held a hearing at which Carter pleaded true to the allegation that she
committed the subsequent offense of theft. After hearing testimony from Carter’s
Galveston County community supervision officer, the court liaison for the
Galveston County Adult Probation department, and Carter, the trial court found
true all grounds alleged for adjudication, adjudicated Carter’s guilt for the
underlying offense, and sentenced her to two years’ confinement. Carter filed a
motion for new trial. Carter presented no evidence at the hearing on that motion,
and the trial court denied it. Carter appealed.
3 Analysis
A. Standard of Review
When a trial court decides to adjudicate the guilt of a person who has been
placed on deferred adjudication community supervision, that decision is
reviewable in the same manner as a decision to revoke community supervision in a
case in which an adjudication of guilt has not been deferred. TEX. CODE CRIM.
PRO. ANN. art. 42.12, §5(b) (West Supp. 2012). “Appellate review of an order
revoking probation is limited to abuse of the trial court’s discretion.” Rickels v.
State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006) (quoting Cardona v. State, 665
S.W.2d 492, 493 (Tex. Crim. App. 1984)). The State’s evidentiary burden in a
revocation case is to show a violation of the conditions of community supervision
by a preponderance of the evidence. Id. (citing Cardona, 665 S.W.2d at 492).
Moreover, “[a] finding of a single violation of the terms of community supervision
is sufficient to support revocation.” Silber v. State, 371 S.W.3d 605, 611 (Tex.
App.—Houston [1st Dist.] 2012, no pet.); see also Moore v. State, 605 S.W.2d
924, 926 (Tex. Crim. App. 1980) (“We need not address appellant’s other
contentions since one sufficient ground for revocation will support the court’s
order to revoke probation.”). Thus, to prevail on appeal, an appellant must
successfully challenge all of the findings that support the trial court’s revocation
order. Silber, 371 S.W.3d at 611; see also Moore, 605 S.W.2d at 926.
4 B. Analysis
In her third issue, Carter contends the trial court abused its discretion by not
considering “Carter’s particular circumstances and her intent” when it found true
the allegations that Carter failed to report. Carter argues that considering all of her
circumstances, the trial court abused its discretion in determining that she willfully
violated the terms of her community supervision.
Carter contends she reported to her community supervision officer for over
a year, until August 2010, “a few months after her child was born.” At about the
time her child was born, in June 2010, Carter’s aunt, with whom Carter had been
living, moved back to Louisiana. After that, Carter had no permanent address.
Carter contends that she kept her Harris County supervision officer informed of
where she was living until her aunt moved. At the hearing, however, Carter
admitted that, at some point, “I stopped reporting then.” Carter also identifies her
lack of transportation, lack of a job, and the fact that she inquired about
transferring her community supervision to Louisiana where she had family to help
her as circumstances the trial court should have considered. However, it is
undisputed that Carter quit reporting after August 2010. Thus, it is undisputed that
Carter failed to report for the months of September, October, November, and
December of 2010, as well as January 2011. Because there is evidence to support
the trial court’s finding by the preponderance of the evidence that Carter failed to
5 report to her community supervision officer as required, the trial court did not
abuse its discretion in adjudicating Carter’s guilt. See Rickel, 202 S.W.3d at 763.
Carter cites Aranda v. State, 684 S.W.2d 794 (Tex. App.—Fort Worth 1985,
pet ref’d), and the dissenting opinion in Pierce v. State, 67 S.W.3d 374, 381 (Tex.
App.—Waco 2001, pet. ref’d), for the proposition that she did not “willfully”
violate the terms of her community supervision, and, therefore, the trial court
abused its discretion by deciding to adjudicate her guilt in light of all of her
pertinent circumstances. In Aranda, the appellant did not read or write English, his
community supervision was transferred to Kansas, he reported to the Kansas
community supervision officer and complied with all requirements in Kansas,
continued to make required payments to the Texas community supervision officer,
and the Texas community supervision officer never contacted appellant or the
Kansas community supervision officer to inquire why appellant did not continue to
report to Texas. Aranda, 684 S.W.2d at 799–800. Under those circumstances, the
court of appeals held the trial court abused its discretion in revoking community
supervision because the evidence did not support a finding that the appellant
willfully failed to report. Id. at 800. Relying on Aranda, the dissenting justice in
Pierce concluded a single failure to report did not constitute a willful violation
when the evidence showed: the single failure to report occurred when the
appellant, who had a history of skin cancer, had had a cancerous lesion removed
6 and was recuperating at his mother’s house in another city; the appellant’s Mental
Health and Mental Retardation Authority caseworker1 informed the supervision
officer why the appellant failed to report; and, after missing a single report while
treating his cancer, the appellant did not miss any reports for the next two and a
half years. Pierce, 67 S.W.3d at 379–80 (Vance, J., dissenting).
Carter’s circumstances are readily distinguishable from those in Aranda and
Pierce. Although Carter’s community supervision was transferred like the
appellant’s in Aranda, there was no language barrier for Carter to overcome, she
did not report to the Harris County community supervision officer regularly after
the first transfer or to the Galveston County supervision officer after her case was
returned to Galveston County, and Carter also failed to comply with other terms of
her community supervision. And, unlike Pierce, where the dissenting justice noted
no evidence showed that an appellant recuperating from skin cancer treatment
willfully failed to report a single time, Carter testified that, after her aunt moved
back to Louisiana, she called the Harris County supervision officer because she
had no transportation to the meeting. Carter testified that he allowed her to miss
1 Pierce was “intellectually delayed,” and, although he could “do a lot on his own,” he needed assistance with “paying bills, and getting him to places, transportation, things like that. Pierce, 67 S.W.3d at 379 (Vance, J., dissenting). Pierce’s caseworker also accompanied appellant to one of his two monthly meetings with his supervision officer to help “with all his legal papers, and things like that.” Id. 7 that meeting and told her to call to make arrangements for another meeting. Carter
testified that she never called him back.
We overrule Carter’s third issue concerning the trial court’s finding of true
on her failure to report. Because we have concluded the finding of true is
supported by a preponderance of the evidence and the trial court did not abuse its
discretion in adjudicating Carter’s guilt, we need not address Carter’s remaining
arguments. See Moore, 605 S.W.2d at 926; Silber, 371 S.W.3d at 611.
Conclusion
We affirm the trial court’s judgment.
Rebeca Huddle Justice
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).