Miles v. State
2011 Tex. App. LEXIS 4634
| Tex. App. | 2011Background
- Miles received deferred adjudication for assault causing injury to a family member and possession of heroin; supervision included not committing offenses.
- State petitioned to adjudicate alleging Miles committed a new robbery offense on or about June 25, 2009.
- Revocation hearing followed; Miles pleaded not true to the new offense.
- Nora Rojo testified an assailant assaulted her, stole a purse, and fled; license plate BMK196 later connected to Miles.
- Fernandez and Rodriguez identified Miles in court and noted features; Rojo described clothing inconsistencies.
- Officer Tulles located the suspect vehicle, Miles was taken into custody, and witnesses identified Miles despite some credibility issues; trial court revoked supervision and adjudged guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to prove the new offense by preponderance | State argued evidence showed Miles committed the new offense | Miles argued identifications were unreliable/tainted | Preponderance supported revocation; no abuse of discretion |
| Standard of review for revocation of deferred adjudication | State contends abuse-of-discretion review applies | Miles argues standard misapplied or too strict | Review limited to abuse of discretion with preponderance standard |
| Credibility of identifications in revocation | Identifications credible; corroborating evidence | Identifications flawed or improperly tainted | Credibility favorable to trial court; evidence adequate under standard |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (preponderance standard for revocation)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993) (administrative nature of revocation; proof by preponderance)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (credibility; appellate review of witness testimony)
- Cherry v. State, 215 S.W.3d 917 (Tex. App.—Fort Worth 2007) (revocation review standard; abuse of discretion)
- Becker v. State, 33 S.W.3d 64 (Tex. App.—El Paso 2000) (revocation evidence standard; credibility)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (clarified sufficiency standards for revocation)
- Antwine v. State, 268 S.W.3d 634 (Tex. App.—Eastland 2008) (reliance on credibility in revocation)