Kyle Christopher HowardJohnson v. State, 02-15-00150-CR

Kyle Christopher HowardJohnson pleaded guilty to burglary of a habitation and evading arrest; the trial court deferred adjudication in both cases and placed him on six years’ community supervision.
The deferred-adjudication order in the burglary case included a $500 restitution requirement; no restitution was ordered at revocation hearing.
The State filed petitions to adjudicate within four months alleging multiple supervision violations, including failure to report, failure to provide proof of employment, leaving the county, failing to complete community service, and removing a GPS monitoring device.
At the revocation hearing HowardJohnson pled true to failure to report and to removing the GPS device, and pled not true to other allegations; the court heard testimony for both sides.
The trial court revoked community supervision in both cases, adjudicated guilt, and sentenced HowardJohnson to five years’ confinement (sentences to run concurrently).
On appeal HowardJohnson argued (1) revocation/sentencing relied on a non-existent GPS-monitoring condition and violated due process, and (2) the burglary judgment should be reformed to delete the $500 restitution requirement.

Issue	HowardJohnson's Argument	State's Argument	Held
Whether revocation/sentence violated due process because court relied on a GPS condition that was not in the clerk’s records	Court relied on an invalid/nonexistent GPS-monitoring condition; considering it as a basis for confinement violated due process	Even if GPS condition was not formally ordered, other valid supervision violations supported revocation; GPS removal was probative of future compliance	Affirmed revocation and sentence — trial court did not abuse discretion or violate due process
Whether the burglary judgment must be reformed to remove $500 restitution	Restitution was ordered in the deferred-adjudication order but not orally pronounced at adjudication, so it must be deleted	State agreed restitution should be removed when not orally pronounced at adjudication	Judgment modified to delete $500 restitution; affirmed as modified

Jackson v. State, 508 S.W.2d 89 (Tex. Crim. App. 1974) (revocation will not be reversed if objectively valid grounds support decision despite trial court’s reliance on an invalid ground)
Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (standard of review for probation revocation: abuse of discretion)
Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (restitution/fine in deferred-adjudication order is set aside if not orally pronounced at adjudication)
Burt v. State, 445 S.W.3d 752 (Tex. Crim. App. 2014) (court must reform judgment to delete unpronounced restitution from deferred-adjudication order)
Lawrence v. State, 420 S.W.3d 329 (Tex. App.—Fort Worth 2014) (preponderance standard and review principles for revocation)
DeGay v. State, 741 S.W.2d 445 (Tex. Crim. App. 1987) (due process protections in probation revocation proceedings)