Bryant v. State
2012 Tex. Crim. App. LEXIS 1383
Tex. Crim. App.2012Background
- Bryant was charged with misapplication of trust funds and received ten years’ deferred-adjudication community supervision with restitution around $200,000.
- Near the end of supervision, the State moved to revoke for failure to pay, leaving about $164,000 unpaid.
- A hearing focused on Bryant’s ability to pay, with extensive financial evidence presented.
- The Department reduced monthly payments from $2,084 to $300 due to hardship but kept the total amount owed.
- The trial court adjudicated guilt and placed Bryant on regular community supervision (an alternative to imprisonment).
- The Court of Appeals reversed, finding abuse of discretion under the former restitution statute; the Supreme Court granted discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bryant preserved the restitution issue for review. | Bryant preserved by showing inability to pay; no magic words required. | State contends no explicit reference to the former statute was made. | Yes; preservation satisfied; error preserved. |
| Whether revocation complied with the former restitution statute requiring consideration of financial factors. | Bryant argues trial court failed to consider factors for ability to pay. | Court complied by weighing the enumerated factors; discretion allowed without fixed weigh-in. | Trial court complied; revocation not abuse of discretion; Bearden concerns not triggered. |
Key Cases Cited
- Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (due-process requirements when incarcerating indigent for nonpayment; alternatives must be considered)
- Tate v. Short, 401 U.S. 395 (U.S. 1971) (imprisonment of indigent for nonpayment unconstitutional discrimination)
- Resendez v. State, 306 S.W.3d 308 (Tex. Crim. App. 2009) (preservation requires the basis of objection be evident to trial court)
- Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009) (preserves error under same framework as Resendez)
- Moore v. State, 605 S.W.2d 924 (Tex. Crim. App. 1980) (revocation standards for probation violations)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (abuse-of-discretion review of revocation decisions)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (abuse-of-discretion review framework for community supervision)