Ramon Ibarra Quiroga v. State
11-13-00330-CR
| Tex. App. | Aug 31, 2015Background
- Appellant Ramon Ibarra Quiroga appeals a revocation of his eight-year community supervision for possession of cocaine.
- Quiroga pleaded guilty to the lesser offense; the trial court imposed judgment with suspended sentence and placed him on supervision.
- The State filed a motion to revoke, alleging multiple violations of supervision terms.
- The trial court found true the alleged violations and revoked supervision, sentencing Quiroga to seven years in confinement.
- The sole issue on appeal argues insufficiency of evidence to prove failure to report to probation and unauthorized travel outside Ector County.
- The court applies abuse-of-discretion review and upholds the revocation if any one violation is supported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Travel outside Ector County without permission | Quiroga violated travel restrictions by going to El Paso without a permit. | Quiroga relied on prior blanket travel permits and argues evidence lacked proof of lack of permission. | Travel violation supported; revocation affirmed. |
| Failure to report to probation officers as required | Quiroga failed to report on multiple 2012 and 2013 dates. | Insufficient evidence for reporting failures; not addressed because another violation sufficed. | Not necessary to determine on this record; affirmance based on travel violation. |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (abuse-of-discretion standard in revocation proceedings)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (trial court credibility and weight of evidence in revocation review)
- Moore v. State, 605 S.W.2d 924 (Tex. Crim. App. [Panel Op.] 1980) (upholding revocation if any violation proven by a preponderance of the evidence)