Jessica Briggle v. State
06-15-00041-CR
Tex. App.Jun 16, 2015Background
- Briggle pleaded guilty to forgery counts and received deferred adjudication for three years with standard supervision terms.
- The State moved to proceed with adjudication of guilt on December 19, 2014.
- A revocation hearing occurred on February 17, 2015, where Briggle pled not true to the allegations.
- State’s witness Kelly Thrasher testified; State offered Exhibit 1, admitted over no objection.
- The trial court revoked Briggle’s community supervision and adjudicated guilt on four counts, sentencing 24 months with probation and SAFP requirements.
- Briggle timely noticed her appeal challenging the revocation and judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unobjected-to hearsay supports revocation | Briggle argues unobjected hearsay cannot support probation revocation. | State argues unobjected hearsay may be considered and Exhibit 1 independently supports revocation. | Revocation affirmed; evidence sufficient or harmless error. |
Key Cases Cited
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (burden on State to prove probation violations)
- Ex parte Brown, 875 S.W.2d 756 (Tex. App.--Fort Worth 1994) (probation revocation evidence standards)
- Fernandez v. State, 805 S.W.2d 451 (Tex. Crim. App. 1991) (hearsay in revocation proceedings probative)
- Frazier v. State, 600 S.W.2d 271 (Tex. Crim. App. 1979) (limitations on hearsay relevance)
- Garcia v. State, 880 S.W.2d 497 (Tex. App.--Corpus Christi 1994) (hearsay and evidentiary considerations)
- In re T.R.S., 115 S.W.3d 318 (Tex. App.--Texarkana 2003) (probation revocation standard)
- Jones v. State, 112 S.W.3d 266 (Tex. App.--Corpus Christi 2003) (probation revocation review standard)
- Lively v. State, 338 S.W.3d 140 (Tex. App.--Texarkana 2011) (abuse-of-discretion standard in revocation)
- Marsh v. State, 343 S.W.3d 475 (Tex. App.--Texarkana 2011) (revocation outcomes and standards)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (probation-violation burden and review)
- Scamardo v. State, 517 S.W.2d 293 (Tex. Crim. App. 1974) (proof of a single violation supports revocation)