Jason Martinez v. State
04-14-00801-CR
| Tex. App. | Dec 16, 2015Background
- In 2012 Jason Martinez was indicted for aggravated sexual assault of a child; the trial court deferred adjudication and placed him on ten years’ community supervision.
- A condition of supervision prohibited committing or being convicted of any Texas offense.
- In 2014 the State moved to revoke supervision and adjudicate guilt, alleging Martinez violated sex-offender registration requirements.
- At the revocation hearing Martinez pled "true" to the allegation; no other evidence was admitted.
- The trial court adjudicated guilt, entered a conviction for aggravated sexual assault of a child, and sentenced Martinez to 25 years and a $1,500 fine.
- Martinez appealed, arguing the court erred by adjudicating guilt without conducting an independent evidentiary sufficiency review (i.e., an evidentiary hearing) based solely on his plea of true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant’s plea of true (without additional evidence) requires an independent evidentiary sufficiency review before revoking deferred adjudication and adjudicating guilt | Martinez: court must conduct an evidentiary hearing / independent sufficiency review before adjudication when the only basis is his plea of true | State: a plea of true is sufficient to support revocation and adjudication; no hearing required except in limited Fourteenth Amendment circumstances (e.g., inability to pay fines) | Court held Martinez’s plea of true was sufficient; no independent evidentiary hearing required under these circumstances and affirmed conviction |
Key Cases Cited
- Moses v. State, 590 S.W.2d 469 (Tex. Crim. App.) (plea of true supports revocation and adjudication)
- Cole v. State, 578 S.W.2d 127 (Tex. Crim. App.) (same)
- Gipson v. State, 383 S.W.3d 152 (Tex. Crim. App.) (Fourteenth Amendment exception requiring inquiry into ability to pay when revocation is based solely on failure to pay fines/restitution)
- Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (constitutional requirement to inquire into ability to pay before revoking probation for nonpayment)
- Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App.) (trial court must review sufficiency of stipulated evidence supporting a guilty plea)
- Patterson v. State, 353 S.W.3d 203 (Tex. App.—San Antonio) (discussing binding precedent of Court of Criminal Appeals on revocation pleas)