Derrith Lashun Robertson v. State, 05-14-00775-CR

Robertson pleaded guilty to two aggravated robberies and was placed on eight years’ deferred adjudication community supervision in each case pursuant to plea agreements.
The State filed motions to adjudicate, alleging violations including fleeing from police in a motor vehicle, failing to report as directed, and failing to attend orientation.
Probation officer testified Robertson signed and was given reporting conditions, did not report or attend scheduled probation appointments, and the department attempted telephone contact but did not visit his last known address.
Police testimony and video from patrol car and helicopter showed a minivan fleeing at high speeds and a man in an orange shirt—identified by officers as the driver—jumping from the moving vehicle; Robertson was apprehended wearing an orange shirt.
Robertson testified he was not driving, claimed he stayed with a friend after being kicked out and did not update probation, and said he wore black clothing when arrested.
The trial court found the adjudication allegations true, revoked community supervision, adjudicated Robertson guilty, and sentenced him to five years’ imprisonment in each case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Sufficiency of evidence to adjudicate guilt based on fleeing in a motor vehicle	State: evidence shows intentional evasion by vehicle	Robertson: he was not driving; contradicted ID and evidence	Court: Evidence sufficient; trial court resolved conflicts and one proven violation supports revocation
2. Sufficiency of evidence to adjudicate guilt for failure to report	State: probation records and testimony show failure to report	Robertson: affirmative defense — probation didn’t attempt in-person contact at last known address per art. 42.12 §24	Court: Did not address in detail because one proven violation (fleeing) sufficed to uphold revocation
3. Whether judgments should reflect plea bargains as to the adjudications	Robertson: judgments incorrectly state a plea bargain term of “5 years TDC No Fine” for adjudications	State: agrees judgments are incorrect	Court: Modified judgments to show “None” for terms of plea bargain and affirmed as modified

Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (standard for appellate review of revocation — abuse of discretion and preponderance of the evidence)
Sanchez v. State, 603 S.W.2d 869 (Tex. Crim. App. 1980) (single probation violation is sufficient to support revocation)
Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003) (trial court as factfinder resolves conflicting evidence)
Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (appellate modification of judgments)
Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (procedures for modifying judgments)