Quincy Calhoun v. State
14-14-00658-CR
| Tex. App. | Aug 25, 2015Background
- Quincy Calhoun pleaded guilty to aggravated robbery; the trial court deferred adjudication and placed him on ten years’ deferred community supervision beginning May 17, 2011.
- Supervision conditions included: no new offenses; monthly reporting; maintaining employment (with verification); 240 hours community service; monthly supervision fees and monthly payments toward fine/costs and lab fees.
- The State filed a motion to adjudicate on March 14, 2014, alleging multiple supervision violations including theft (misdemeanor), failure to obtain employment, failure to perform community service, failure to pay fines/fees, and failure to report.
- Evidence: community supervision officer testified Calhoun missed reporting dates, provided no employment verification, completed no community service (though initially medically excused), and was delinquent on fees; HPD Officer Burdick testified Calhoun was stopped driving a white Dodge Charger connected to multiple vehicle burglaries and a stolen checkbook.
- Victim Tonya Fielder identified Calhoun in surveillance video and in person as the person who approached her car at a daycare and stole her phone and purse; a purchaser (Elizabeth Pineda) identified Calhoun as having sold her Fielder’s phone after buying it via Craigslist.
- The trial court found true the theft, failure to obtain employment, failure to perform community service, and failure to pay fines/fees (not true as to failure to report). Calhoun appealed, arguing insufficient evidence to support revocation (focused on the theft allegation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support revocation based on misdemeanor theft | State: Evidence (victim ID, surveillance, phone purchaser ID, vehicle ties) shows Calhoun more likely than not committed theft | Calhoun: Identification and circumstantial ties to the Charger insufficient; he denied the theft and presenting medical/excuse defenses for other violations | Court affirmed: viewing evidence in the light most favorable to revocation, the preponderance of credible evidence supports the theft finding and thus revocation |
Key Cases Cited
- Caddell v. State, 605 S.W.2d 275 (trial-court-revocation-abuse-of-discretion standard)
- Moore v. State, 605 S.W.2d 924 (single sufficient ground supports revocation)
- Cardona v. State, 665 S.W.2d 492 (State’s burden: preponderance to prove supervision violation)
- Rickels v. State, 202 S.W.3d 759 (preponderance standard defined for revocation)
- Diaz v. State, 516 S.W.2d 154 (trial judge as sole trier of fact and credibility in revocation hearings)
- Fuentes v. State, 991 S.W.2d 267 (credibility attacks are for the factfinder)
- Bargas v. State, 252 S.W.3d 876 (presumption that factfinder resolved conflicts in favor of prevailing party)