Rudy Cortinas v. State
07-15-00249-CR
| Tex. App. | Dec 9, 2015Background
- Appellant Rudy Cortinas was placed on deferred-adjudication probation after pleading guilty to possession of methamphetamine (<1 gram) later enhanced to a second-degree felony.
- A Petition to Proceed to Adjudication alleged failures to report for probation in Oct–Dec 2014 and failure to complete an outpatient drug program; Cortinas pleaded true to those violations.
- Cortinas testified at the revocation hearing that between Sept–Dec 2014 he received interferon injections for hepatitis C, causing severe side effects (depression, vomiting) and transportation difficulties that interfered with reporting and attending treatment; medical records and a physician letter were introduced.
- He also claimed caregiving duties for his elderly mother and that he feared incarceration would interrupt his medical treatment; he had already spent several months in jail on the charge.
- The trial court found the allegations true, adjudicated guilt, and sentenced Cortinas to seven years’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by revoking deferred adjudication and imposing a 7-year sentence | Cortinas: medical treatment, severe side effects, transportation problems, caregiver duties, and time already served were extenuating circumstances that made revocation and a 7-year term an abuse of discretion | State: Cortinas pleaded true to violations; revocation is within the trial court's discretion once the State meets its burden to show violations | Trial court revoked probation, adjudicated guilt, and assessed seven years’ confinement (revocation upheld at trial level) |
Key Cases Cited
- Bennett v. State, 476 S.W.2d 281 (Tex. Crim. App. 1972) (standard: appellate review of revocation is abuse-of-discretion)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (State’s burden to prove probation violation)
- Jenkins v. State, 740 S.W.2d 435 (Tex. Crim. App. 1983) (greater weight of evidence standard for revocation)
- Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) (discussion of standards in revocation context)
- Taylor v. State, 604 S.W.2d 175 (Tex. Crim. App. 1980) (trial judge as sole trier of fact in revocation hearings)
- Ross v. State, 523 S.W.2d 402 (Tex. Crim. App. 1975) (trial court’s role in weighing credibility at revocation)
- Langford v. State, 578 S.W.2d 737 (Tex. Crim. App. 1979) (duty of trial court to judge witness credibility)
- Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App. 1981) (view evidence in light most favorable to trial court’s ruling)
- Wilson v. State, 645 S.W.2d 932 (Tex. App.—Dallas 1983) (revocation may follow proof of probation violation)