Junior Lee Johnson v. State
02-16-00007-CR
| Tex. App. | Oct 27, 2016Background
- Junior Lee Johnson pleaded guilty to family-violence assault and received 2 years deferred-adjudication community supervision and a $200 fine; conditions prohibited committing new offenses and harming or injuring the victim (his estranged wife, Ira).
- The State filed a petition to adjudicate after events on January 20, 2015; an adjudication hearing was held after Johnson pleaded not true to the allegations.
- Ira called police three times that day; during the third call she alleged Johnson chased and struck her vehicle multiple times, later treated for a concussion and vehicle declared a total loss.
- Officer Parsons testified Johnson admitted ramming Ira’s vehicle to block her and acknowledged wrongdoing; photographs showed vehicle damage consistent with the collisions.
- The trial court found the alleged violations true, adjudicated guilt, and sentenced Johnson to seven years’ confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of 9-1-1 recording at adjudication hearing | State relied on recording as evidence of events during the incident | Johnson argued the recorded 9-1-1 call was improperly admitted | Court assumed without deciding the admission may have been erroneous but held any error harmless and overruled this issue |
| Sufficiency of evidence to revoke supervision absent the 9-1-1 call | State argued other evidence (Ira’s testimony, officer’s testimony, photos, admissions) proved a violation by a preponderance | Johnson argued without the 9-1-1 recording evidence was insufficient to show he made harmful contact or committed assault with a deadly weapon | Court held remaining evidence sufficed to prove Johnson made harmful/injurious contact with Ira; revocation affirmed |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App.) (revocation reviewed for abuse of discretion)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App.) (trial court is sole judge of credibility in revocation)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App.) (State must prove violation by a preponderance of the evidence)
- Moore v. State, 605 S.W.2d 924 (Tex. Crim. App.) (proof of any one violation supports revocation)
- Sanchez v. State, 603 S.W.2d 869 (Tex. Crim. App.) (same: one sufficient ground obviates need to address others)
- Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App.) (appellate review defers to trial court on credibility)