Jakoby Telles Mariscal v. State, 13-15-00111-CR

Background

Appellant Jakoby Telles Mariscal was placed on five years' deferred adjudication for sexual assault; the State moved to adjudicate and, after a revocation hearing, the trial court found the allegations true, adjudicated guilt, and sentenced Mariscal to eight years' imprisonment.
The State's motion alleged multiple probation violations: positive marijuana tests, association with persons who supplied drugs, failure to follow supervision rules, failure to maintain employment, presence within 1,000 feet of child-gathering premises (swimming pool/playground), unpaid sex-offender/treatment/community supervision fees, unpaid fines, and failure to complete community service hours.
Mariscal did not file a motion for new trial and appeals raising five issues: ineffective assistance of counsel, denial of preparation time for appointed counsel, prosecutorial misconduct during closing, insufficiency of evidence for certain violations, and admission of extraneous-act evidence.
The trial court appointed counsel on the day of the revocation hearing without a written ten-day waiver; counsel conferred briefly with Mariscal, proceeded, and both counsel and Mariscal participated at the hearing (Mariscal frequently spoke directly to the court).
The court found multiple violations supported by testimony (probation officer and Mariscal) including admissions by Mariscal (e.g., marijuana use, presence at the pool, unpaid fees), and held that any single proven violation sufficed to revoke supervision.

Issues

Issue	Plaintiff's Argument (Mariscal)	Defendant's Argument (State)	Held
Ineffective assistance of counsel at revocation hearing	Counsel failed to seek clarification of vague allegations, failed to object to prejudicial evidence, and failed to request more time to prepare	State argued counsel's performance did not prejudice outcome; many violations were clear and any proved violation supports revocation	Overruled — Mariscal failed Strickland showing of prejudice or adequately brief some complaints
Denial of ten-day preparation period for appointed counsel	Trial court erred by proceeding immediately after appointing counsel; appellant harmed by inadequate defense and heavy sentence	State conceded error in denying ten-day period but argued no harm to substantial rights	Overruled — error found but harmless; appellant failed to show with specificity how lack of time adversely affected substantial rights
Prosecutorial misconduct in closing (misstating victim's age)	Prosecutor misstated victim's age and misled the court	State: no contemporaneous objection was made; error not preserved for appeal	Overruled — claim not preserved for appellate review
Sufficiency of evidence for specific violations (pool presence; unpaid fees/fines)	Evidence insufficient to prove presence in child-gathering area and nonpayment issues	State presented testimony, reports, Mariscal’s affidavit placing him at the pool, and Mariscal’s own admissions and explanations	Overruled — reviewing for abuse of discretion, court found preponderance of evidence supported violations; any single proven violation justified revocation
Admission of extraneous-act evidence (cocaine use)	Extraneous cocaine-use evidence was not alleged and was prejudicial	State: no timely objection made at hearing	Overruled — issue forfeited by failure to object at hearing

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard for prejudice and deficient performance)
Gonzales v. State, 304 S.W.3d 838 (requirement to show with specificity how denial of preparation time caused harm)
Sanchez v. State, 603 S.W.2d 869 (single probation violation is sufficient to support revocation)
Andrada v. State, 695 S.W.2d 230 (State meets revocation burden by preponderance creating reasonable belief of violation)
Montgomery v. State, 810 S.W.2d 372 (preservation requirement for objections to extraneous-offense evidence)