Staten v. State
2010 Tex. App. LEXIS 9915
| Tex. App. | 2010Background
- Staten pled no contest to possession of marijuana and received two years’ community supervision with a $500 fine.
- The State moved to revoke Staten’s unadjudicated community supervision for allegedly committing aggravated assault.
- The trial court found a violation, revoked supervision, convicted Staten of marijuana possession, and imposed a two-year sentence in absentia.
- The trial court then pronounced Staten’s sentence in Staten’s presence after an abatement and remand.
- Staten was absent during the initial sentence in the aggravated assault case; the revocation hearing occurred with the same judge who presided over the aggravated assault trial.
- Staten voluntarily absented himself from the revocation hearing, and the same judge weighed evidence from the prior proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process in revocation proceeding | Staten—due process rights violated in revocation | Staten—claims lack of notice/hearing protections | No error; hearing conducted, rights waived by absence; notice and findings adequate. |
| Sufficiency of evidence to revoke supervision | Staten—evidence insufficient to prove violation | Staten—prior conviction supports revocation | Evidence from prior aggravated assault supported revocation; sufficient to revoke supervision. |
Key Cases Cited
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (abuse of discretion; preponderance standard in revocation)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993) (preponderance standard for revocation proof)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (standard of proof in revocation)
- Gagnon v. Scarpelli, 411 U.S. 778 (1983) (due process in revocation proceedings)
- Moore v. State, 11 S.W.3d 495 (Tex.App.-Houston [14th Dist.] 2000) (due process protections in revocation)
- Akbar v. State, 190 S.W.3d 119 (Tex.App.-Houston [1st Dist.] 2005) (allowance of prior evidence when same judge presides)
- Barrientez v. State, 500 S.W.2d 474 (Tex. Crim. App. 1973) (judicial notice of prior proceedings in revocation)
- Bradley v. State, 564 S.W.2d 727 (Tex. Crim. App. 1978) (confrontation rights in revocation)
- Pierce v. State, 113 S.W.3d 431 (Tex.App.-Texarkana 2003) (notice sufficiency in revocation)
- Leyva v. State, 552 S.W.2d 158 (Tex. Crim. App. 1977) (notice standards for revocation)