Rhonda Kay Williams v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 6th District Court of Appeals » 2006 » Rhonda Kay Williams v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

State: Texas

Court: Texas Northern District Court

Docket No: 06-06-00005-CR

Case Date: 11/21/2006

Plaintiff: South Rains Water Supply Corporation

Defendant: City of Emory--Appeal from 354th District Court of Rains County

Preview:Kyle Young Franklin v. The State of Texas--Appeal
from Criminal District Court of Jefferson County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-05-474 CR
NO. 09-05-475 CR
NO. 09-05-476 CR
KYLE YOUNG FRANKLIN , Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause Nos. 91815, 92314 and 93842
MEMORANDUM OPINION
In three separate proceedings before the trial court, appellant Kyle Young Franklin pled guilty to burglary of a
building, debit/credit card abuse, and felony criminal mischief. Each case involved a separate criminal episode. In each
case, the trial court convicted and sentenced Franklin to two years of confinement in a state jail facility, then
suspended imposition of the sentences and placed Franklin on community supervision for four years, with the
community supervision sentences to run concurrently. In July of 2005, the State filed a motion to revoke community
supervision in each case. In all three cases, Franklin pled "true" to allegations that he violated the terms of the
community supervision order. As to all three cases, the trial court found that Franklin violated the terms of the
community supervision order, entered a revocation order, and imposed a sentence of two years of confinement in a
state jail, with the sentences to run consecutively.
Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). In each
case, Franklin was given an extension of time in which to file a pro se brief; however, Franklin filed a pro se brief
only in the debit/credit card abuse case (No. 09-05-475 CR). In his pro se brief, Franklin asserts the trial court's order
that the sentences were to run consecutively violates Tex. Code Crim. Proc. Ann. art. 42.12, 8(a) (Vernon Supp. 2006).
Tex. Code Crim. Proc. Ann. art. 42.12, 8(a) deals with the state boot camp program; therefore, it is inapposite here.
Tex. Code Crim. Proc. Ann. art. 42.08(a) provides that when a defendant has been convicted in two or more cases, the
trial court may order the sentences to run either consecutively or concurrently. Tex. Code Crim. Proc. Ann. art.
42.08(a) (Vernon Supp. 2006). Therefore, the issue is not an arguable one.
In a revocation proceeding, the State must establish by a preponderance of the evidence that the defendant violated the
conditions of the supervision order. Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984). If the State meets
its burden of proof, it is within the trial court's discretion to revoke community supervision. Id. On appeal, the question
presented is whether the trial court abused its discretion in revoking the appellant's community supervision. Jackson v.
State, 645 S.W.2d 303, 305 (Tex. Crim. App. 1983). A plea of true to any one alleged violation is sufficient to support
revocation of community supervision. Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. 1979). Here, in each
case, Franklin pled true to an allegation set forth in the State's motion to revoke. Therefore, the trial court acted within
its discretion in revoking Franklin's community supervision.
We have reviewed the clerk's record and the reporter's record in each case, and we find no arguable error requiring us
to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The
judgments are affirmed.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/8505.html[8/20/2013 7:29:14 PM]

AFFIRMED.
CHARLES KREGER
Justice
Submitted on August 16, 2006
Opinion Delivered September 6, 2006
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/8505.html[8/20/2013 7:29:14 PM]

Download 8505.pdf