Ambros Rubio v. State
08-14-00310-CR
Tex. App.Sep 28, 2016Background
- Ambros Rubio appeals a revocation of community supervision following a negotiated guilty plea to intoxication assault.
- Rubio was placed on community supervision on November 29, 2012 and arrested on a capias August 15, 2014; revocation hearing held October 2, 2014.
- The original sentence: fine $2,000 ($1,000 probated) and 10 years' imprisonment, probated for 10 years.
- Conditions included monthly reporting (21st–30th), $60 monthly supervision fee, and 90 days in jail as a condition of supervision.
- The State alleged Rubio failed to report January–March 2013, failed to pay fees January–March 2013, and failed to submit to detention; the trial court found failure to report and failure to submit proven but failure to pay not proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due diligence defense applies to these revocation allegations. | State contends due diligence defense not available. | Rubio argues due diligence should excuse revocation. | Absent due diligence, revocation affirmed. |
Key Cases Cited
- Hacker v. State, 389 S.W.3d 860 (Tex. Crim. App. 2013) (preponderance standard and revocation framework)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (preponderance standard for revocation proofs)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (abuse of discretion analysis for revocation orders)
- Sanchez v. State, 603 S.W.2d 869 (Tex. Crim. App. 1980) (single valid ground sustains revocation)
- Gordon v. State, 4 S.W.3d 32 (Tex. App.—El Paso 1999) (abuse of discretion standard in revocation)