John Douglas Houston v. State
13-14-00677-CR
| Tex. App. | Aug 31, 2015Background
- Appellant John Douglas Houston pleaded guilty to multiple felonies (possession of methamphetamine, tampering with/fabricating physical evidence, evading arrest with a vehicle, two counts of forgery of money, and robbery) and received concurrent ten-year sentences that were suspended in favor of ten years’ community supervision.
- The State moved to revoke supervision, alleging Houston committed new offenses: possession of a controlled substance, fraudulent use/possession of identifying information, and evading arrest.
- At the revocation hearing, officers testified that during an April 27, 2014 traffic stop they found synthetic marijuana and bags testing positive for cocaine on the driver’s-side floorboard of the car Houston was driving; Houston had about $1,138 cash on him.
- Officers also testified about a July 2014 incident where Houston fled on foot from a vehicle and an inventory of that vehicle produced checks, IDs, passports, and other items belonging to a burglary victim; no fingerprints linked Houston to the items.
- Houston testified he did not own the car, had not known of the contraband or property in the vehicle, and claimed uncertainty about the identity of officers during the July foot pursuit; defense counsel conceded at hearing that the State met the preponderance standard.
- The trial court found the revocation allegations true, revoked supervision, and sentenced Houston to ten years’ imprisonment for each cause number; the appellate court modified the judgments to reflect that Houston pleaded "not true" at the revocation hearing and otherwise affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved violations of community supervision by a preponderance of evidence | State: officer testimony, contraband on driver’s-side floorboard, and large cash amount support finding Houston possessed drugs and committed new offenses | Houston: did not own the vehicle, another passenger present, denied knowledge of contraband and property; claimed lack of identification of pursuers in July incident | Court: Affirmed revocation—officers’ testimony and proximity to contraband provided sufficient affirmative links to find violation by preponderance; single proven violation sufficed |
| Whether the sentence was constitutionally disproportionate (Eighth and Fourteenth Amendments) | Houston: ten-year sentences are disproportionate to the alleged severity | State: sentences within statutory ranges and trial court discretion | Court: Issue waived for appeal (no timely objection at trial or post-trial); affirmed sentence |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (standard of review for probation revocation is abuse of discretion)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (same)
- Dansby v. State, 398 S.W.3d 233 (Tex. Crim. App. 2013) (State must prove revocation allegations by preponderance of evidence)
- Hacker v. State, 389 S.W.3d 860 (Tex. Crim. App. 2013) (definition and meaning of preponderance standard in revocation context)
- Garcia v. State, 387 S.W.3d 20 (Tex. Crim. App. 2012) (proof of a single probation violation supports revocation)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (proximity to contraband and large cash can be affirmative links to possession)
- Banks v. State, 708 S.W.2d 460 (Tex. Crim. App. 1986) (appellate modification of judgments when record supports correction)