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Angelica Renee Gray v. State
02-16-00403-CR
| Tex. App. | Jul 27, 2017
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Background

  • 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)
Read the full case

Case Details

Case Name: Angelica Renee Gray v. State
Court Name: Court of Appeals of Texas
Date Published: Jul 27, 2017
Docket Number: 02-16-00403-CR
Court Abbreviation: Tex. App.