Michael Wayne Jackson v. State, 05-14-00274-CR

In May 2011 Michael Wayne Jackson entered a plea to aggravated robbery with a deadly weapon; adjudication was deferred and he was placed on ten years’ community supervision.
In March 2013 Jackson was indicted for aggravated sexual assault with a deadly weapon; the State filed an amended motion to adjudicate guilt on the prior robbery conviction alleging multiple probation violations, including the sexual‑assault charge.
The trial court chose to hear the motion to adjudicate first; Jackson signed a written waiver of jury trial for the new aggravated sexual assault charge and elected a combined bench trial on both matters.
The court admitted cell‑phone records and related text messages over Jackson’s motion to suppress; the records connected a particular phone number to Jackson via testimony from acquaintances and a MetroPCS records custodian.
The court found the probation violations true, adjudicated Jackson guilty of the prior robbery, convicted him of aggravated sexual assault, and sentenced him to consecutive 60‑year terms.
On appeal the court considered three issues: denial of the suppression motion (authentication of cell‑phone records), sufficiency of evidence to adjudicate guilt, and whether Jackson’s jury waiver was valid; the court modified a clerical error in the robbery judgment and affirmed as modified.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jackson)	Held
Admission/authentication of cell‑phone records	Records were business records and circumstantial proof (addresses, contacts, witness recognition) authenticated the number as Jackson’s	Records not properly authenticated; Rule 107/completeness and Fifth Amendment concerns; sought suppression	Affirmed: trial court did not abuse discretion; circumstantial evidence plus business‑records testimony sufficed to authenticate; messages admissible as party admissions
Motion to adjudicate guilt (probation revocation)	Evidence supported at least one violation (failure to complete community service) among the alleged violations, satisfying preponderance standard	Some alleged violations were old/technical and previously alleged in withdrawn motions; insufficient basis to adjudicate	Affirmed: proof of any one violation is sufficient; State met preponderance; trial court did not abuse discretion
Right to jury trial (waiver)	Jackson signed written waiver in open court with consent of court, defense, and State; waiver filed before plea	Jackson contends he was denied jury trial	Affirmed: written waiver complying with Article 1.13 plus recitation in judgment establishes voluntary, knowing waiver
Clerical error in judgment	N/A	Judgment referenced ORIGINAL motion though only AMENDED motion was adjudicated	Modified judgment to replace "ORIGINAL" with "AMENDED" and affirmed as reformed

Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012) (authentication standard for electronic evidence and methods of proof)
Druery v. State, 225 S.W.3d 491 (Tex. Crim. App. 2007) (trial judge’s discretion on authentication — reasonable juror standard)
Martinez v. State, 348 S.W.3d 919 (Tex. Crim. App. 2011) (standard of review for suppression rulings; bifurcated review)
Campbell v. State, 382 S.W.3d 545 (Tex. App.—Austin 2012) (authentication need not rule out all inconsistent possibilities)
Lee v. State, 952 S.W.2d 894 (Tex. App.—Dallas 1997) (preponderance standard to revoke probation; any one violation suffices)
Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (abuse of discretion standard for revocation)
O’Neal v. State, 623 S.W.2d 660 (Tex. Crim. App. 1981) (proof of any single violation supports revocation)
Johnson v. State, 72 S.W.3d 346 (Tex. Crim. App. 2002) (presumption of regularity for jury‑waiver recitation in judgment)
Breazeale v. State, 683 S.W.2d 446 (Tex. Crim. App. 1984) (waiver recitation binding absent direct proof of falsity)
Holcomb v. State, 696 S.W.2d 190 (Tex. App.—Houston [1st Dist.] 1985) (written Article 1.13 waiver is sufficient to show intelligent jury waiver)