Dezmon Martin Garcia v. State, 01-15-00133-CR

Garcia pleaded not true to six of nine allegations in a motion to adjudicate guilt for aggravated assault and violated conditions of 4-year deferred adjudication supervision.
Amended motion to adjudicate guilt alleged violations including reporting, paying fees, and completing community service, among others.
The trial court adjudicated guilt and sentenced Garcia to 8 years in TDCJ with a $500 fine after finding five allegations true.
State’s witnesses testified about Garcia’s reporting history, employment, and possession of contraband; Nelson testified from the probation file but later admitted gaps and errors.
Defense witnesses testified about Garcia’s character, family responsibilities, and potential work opportunities if reinstated on probation.
Garcia appealed on two points alleging insufficient evidence to revoke probation and an excessive, disproportionate sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to revoke probation	Garcia	Garcia contends evidence was weak and credibility questionable	Insufficient; revocation reversed or remanded
Excessive sentence	Garcia	Sentence excessive given family circumstances and probation context	Discretionary within statutory range; no reversal sustained

Battle v. State, 571 S.W.2d 20 (Tex. Crim. App. 1978) (trial court credibility and standard of review for probation revocation)
Moore v. State, 11 S.W.3d 495 (Tex. App. – Houston [14th Dist.] 2000) (preponderance standard in probation revocation)
Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (appellate review of probation revocation upholding credibility findings)
Staten v. State, 328 S.W.3d 901 (Tex. App. – Beaumont 2010) (probation revocation evidence sufficiency on appeal)
Buerger v. State, 60 S.W.3d 358 (Tex. App. – Houston [1st Dist.] 2001) (punishment within statutory limits not cruel or unusual)
Corpus v. State, 26 S.W.3d 660 (Tex. App. – Corpus Christi 2000) (trial court broad discretion in revoking probation)