Richard Ryan Black v. State
2013 Tex. App. LEXIS 9869
| Tex. App. | 2013Background
- In Nov. 2008 Richard Ryan Black pleaded guilty to state-jail felony possession of marijuana; the court deferred adjudication and placed him on five years’ community supervision with standard conditions (including no new offenses and reporting arrests to his officer within five days).
- Black previously admitted two violations (public intoxication, DWI, substance use) and received additional conditions and jail time; supervision continued each time.
- On Feb. 17, 2012 police stopped Black around 1:00 a.m. after observing speeding and parking in front of a closed convenience store in a high-crime area; Black was sole occupant of his vehicle and displayed dilated pupils, red eyes, nervous behavior, furtive gestures, and refused to consent to a search.
- A canine alerted at the trunk and officers found ~0.5 ounces of marijuana concealed in multiple bags in the trunk; Black was arrested and did not report the arrest to his supervision officer.
- State moved to revoke supervision for possession of marijuana and failure to report; at the revocation hearing the trial court found both violations, adjudicated guilt on the 2008 plea, and sentenced Black to 24 months’ confinement. Black later was indicted and acquitted in a separate criminal trial arising from the same arrest (that record was not before this court).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to show Black possessed marijuana while on supervision | State: preponderance of evidence and affirmative links (ownership/control, behavior, concealment) support possession | Black: evidence insufficient; later acquittal proves innocence | Court: Affirmed — greater weight of credible evidence and multiple affirmative links support possession finding |
| Whether the condition requiring reporting arrests within five days violated due process | Black: condition exceeds standard code terms, is unnecessary (officer already notified), and unduly harsh for jailed defendants | State: condition was imposed and revocation may be supported on other grounds | Court: Did not decide constitutional merits; revocation stands because possession finding alone supports revocation |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App.) (standard of review for revocation — abuse of discretion; preponderance burden)
- Garcia v. State, 387 S.W.3d 20 (Tex. Crim. App.) (proof of a single violation suffices to revoke supervision)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App.) (affirmative links rule for possession cases)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App.) (presence/proximity plus other links can establish possession)
- Polk v. State, 729 S.W.2d 749 (Tex. Crim. App.) (acquittal at criminal trial does not bar revocation based on same allegation)