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Laws-info.com » Cases » Texas » 12th District Court of Appeals » 2008 » Cabot Oil & Gas Corporation v. Jimmie and Melba McCormack--Appeal from 4th District Court of Rusk County
Cabot Oil & Gas Corporation v. Jimmie and Melba McCormack--Appeal from 4th District Court of Rusk County
State: Texas
Court: Texas Northern District Court
Docket No: 12-08-00381-CV
Case Date: 10/22/2008
Plaintiff: Theron Belton
Defendant: Conagra Poultry Co.--Appeal from 278th District Court of Madison County
Preview:Casey Joe Peel v. The State of Texas--Appeal from 35th District Court of Brown County
Opinion filed August 9, 2007 Opinion filed August 9, 2007 In The Eleventh Court of Appeals ____________ No. 11-06-00006-CR __________ CASEY JOE PEEL, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR17481 OPINION

Casey Joe Peel appeals from a judgment revoking his community supervision that he had received following his previous conviction for the offense of criminally negligent homicide. As a result of the revocation, Peel was sentenced to ten years confinement in the Texas Department of Criminal Justice, Institutional Division. The State presented twenty-one allegations that Peel violated the provisions of his community supervision. Finding eighteen of those allegations to be true, the trial court found that Peel violated conditions numbers one, two, three, six, eleven, twelve, eighteen, nineteen, and twenty-two of the conditions of his community supervision. Peel contends in five issues that the evidence is legally and factually insufficient to support the trial court=s findings that he had violated conditions one, three, eighteen, and nineteen of his community supervision. We affirm. In a community supervision revocation hearing, the State has the burden of proving by a preponderance of the evidence that a condition of community supervision has been violated. Jenkins v. State, 740 S.W.2d 435 (Tex. Crim. App.1983). Proof of one violation of the terms and conditions of community supervision is sufficient to support the revocation. McDonald v. State, 608 S.W.2d 192 (Tex. Crim. App. 1980); Taylorv. State, 604 S.W.2d 175 (Tex. Crim. App. 1980); Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979). The trial court is the trier of the facts and determines the weight and credibility of the testimony. Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App. 1981); Barnett v. State, 615 S.W.2d 220 (Tex. Crim. App. 1981). A plea of true alone is sufficient to support the trial court=s determination to revoke. Moses, 590 S.W.2d at 470; Cole v. State, 578 S.W.2d 127 (Tex .Crim. App. 1979). Appellate review of an order revoking community supervision is limited to the issue of whether the trial court abused its discretion. Flournoy v. State, 589 S.W.2d 705 (Tex. Crim. App. 1979).

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Peel presents no challenge to the trial court=s findings that he violated condition numbers two, six, eleven, twelve, or twenty-two of the conditions of his community supervision. Because several of the trial court=s findings upon which Peel=s community supervision was revoked are unchallenged, even if Peel=s contentions were correct there would be no abuse of discretion. Gobell v. State, 528 S.W.2d 223, 224 (Tex. Crim. App. 1975). We overrule issues one, two, three, four, and five. The judgment is affirmed. PER CURIAM August 9, 2007 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: McCall, J., Strange, J., and Hill, J.[1]

[1]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth sitting by assignment.

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