Angelica Renee Gray v. State
02-16-00403-CR
| Tex. App. | Jul 27, 2017Background
- In 2009 Angelica Renee Gray pleaded guilty to aggravated assault with a deadly weapon (second-degree felony) and received six years’ deferred-adjudication community supervision.
- The trial court extended her community supervision in 2015 and again in 2016.
- On May 24, 2016 the State filed a petition to proceed to adjudication alleging Gray committed a new aggravated assault, unlawfully possessed a firearm away from her home, and used the controlled substance marijuana.
- Gray pleaded not true to the aggravated-assault and firearm allegations but pleaded true to the controlled-substance allegation.
- The trial court found true the possession and controlled-substance allegations, adjudicated Gray guilty of aggravated assault with a deadly weapon, and sentenced her to 12 years’ confinement.
Issues
| Issue | Plaintiff's Argument (Gray) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether revocation was an abuse of discretion because evidence was insufficient to prove possession of a firearm away from Gray's residence | Trial court erred; evidence did not prove possession away from home | A single proven violation supports revocation; evidence supported allegations | Court affirmed: revocation upheld because Gray pleaded true to illegal drug use, which alone supports revocation |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App.) (abuse-of-discretion standard for revocation review)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App.) (review evidence in light most favorable to trial court)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App.) (State must prove violation by preponderance in revocation)
- Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App.) (trial court as sole judge of witness credibility)
- Garcia v. State, 387 S.W.3d 20 (Tex. Crim. App.) (single violation is sufficient to revoke supervision)
- Moore v. State, 605 S.W.2d 924 (Tex. Crim. App.) (supporting precedent that one violation suffices)
- Cole v. State, 578 S.W.2d 127 (Tex. Crim. App.) (a plea of true to one allegation alone supports revocation)
