Joshua Dwayne Bledsoe v. State
14-14-00380-CR
| Tex. | Dec 17, 2015Background
- Joshua Dwayne Bledsoe pleaded guilty to unauthorized use of a motor vehicle and received five years deferred adjudication beginning November 2009.
- The State filed a Second Amended Motion to Adjudicate in Dec. 2013 alleging numerous community-supervision violations, including family-violence choking/striking incidents, a municipal conviction for disorderly conduct/fighting, associating with felons, fee/restoration arrearages, and entering a bar.
- At the revocation hearing Bledsoe pleaded true to the municipal conviction for disorderly conduct/fighting and to entering Scruples (a bar); he pleaded not true to several other allegations.
- The State admitted four Facebook photos purportedly showing Bledsoe with large amounts of cash and one photo allegedly showing him at a bar; the community-supervision officer testified the account was linked to Bledsoe and the photos appeared recently.
- Defense counsel expressly stated he had no objection to the photos at the hearing; the trial court admitted them. The court found multiple allegations true, revoked deferred adjudication, and sentenced Bledsoe to 20 months in state jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Facebook photos | Photos were authentic and admissible as evidence linking Bledsoe to violations | Photos lacked proper predicate and authentication; not shown to be of Bledsoe or his money/bar presence | Court admitted photos; but error not preserved because defense counsel had no objection |
| Preservation of evidentiary complaint | N/A | Bledsoe argues on appeal admission was improper | Complaint waived: to preserve error, must timely and specifically object; counsel said no objection, so appellate complaint forfeited |
| Sufficiency of other violations to support revocation | Photos bolstered State's case of noncompliance | Even without photos, plea to disorderly conduct/fighting and entering a bar independently violate terms | Single proven violation suffices; revocation upheld based on admitted violations |
Key Cases Cited
- Leonard v. State, 385 S.W.3d 570 (Tex. Crim. App. 2012) (standard for adjudication and revocation; preponderance of evidence)
- Hacker v. State, 389 S.W.3d 860 (Tex. Crim. App. 2013) (trial court as sole judge of witness credibility; preponderance standard)
- Moore v. State, 605 S.W.2d 924 (Tex. Crim. App. 1980) (single violation is sufficient to revoke probation)
- Martinez v. State, 22 S.W.3d 504 (Tex. Crim. App. 2000) (objection requirement exists to preserve complaint about evidence admission)
- Vidaurri v. State, 49 S.W.3d 880 (Tex. Crim. App. 2001) (preservation rules apply in revocation hearings)