Dezmon Martin Garcia v. State
01-15-00133-CR
| Tex. App. | Jun 30, 2015Background
- Appellant Dezmon Martin Garcia was charged with aggravated assault with a deadly weapon and pleaded guilty with a punishment recommendation of 4 years deferred adjudication and a $500 fine; the trial court sentenced accordingly.
- About 26 months later the State filed a motion to adjudicate guilt, alleging violations of community supervision conditions.
- Garcia responded to each allegation with pleas of true or not true; the trial court found several true and ultimately adjudicated guilt, imposing 8 years of confinement and a $500 fine.
- A written notice of appeal was timely filed from the revocation and adjudication proceedings.
- This appeal is before the First Court of Appeals, Houston, Texas, No. 01-15-00133-CR, with the State as appellee and Garcia as appellant.
- The State's brief contends revocation was proper and Garcia's sentence is within statutory limits; Garcia argues the evidence was insufficient and the sentence was cruel and unusual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation of community supervision was proper | Garcia argues the evidence was insufficient to support any true findings. | Garcia's position is that the trial court abused its discretion by revoking supervision. | No abuse; revocation upheld based on pleas true and standard of proof. |
| Whether the sentence for adjudication was cruel and unusual | Garcia contends the 8-year confinement is disproportionate and harmful to his family. | The State argues the sentence falls within the statutory range and is not cruel or unusual. | Not cruel or unusual; within statutory range; no preservation error shown. |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (burden on State to prove violation by preponderance; trial court as fact-finder)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993) (abuse of discretion standard in revocation proceedings)
- Sanchez v. State, 603 S.W.2d 869 (Tex. Crim. App. [Panel Op.] 1980) (a single violation can support revocation)
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979) (plea of true in revocation sufficient for revocation)
- Rincon v. State, 615 S.W.2d 726 (Tex. Crim. App. 1981) (plea of true limits challenge to sufficiency)
- Harris v. State, 656 S.W.2d 481 (Tex. Crim. App. 1983) (sentence within statutory range not cruel or unusual)
- Solem v. Helm, 463 U.S. 277 (1983) (three-factor test for proportionality of sentences)