Ryan Roosevelt Sanders a/k/a Brian Roosevelt Sanders v. The State of Texas--Appeal from 297th District Court of Tarrant County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 02-10-00270-CR

Case Date: 12/29/2011

Plaintiff: Ryan Roosevelt Sanders a/k/a Brian Roosevelt Sanders

Defendant: The State of Texas--Appeal from 297th District Court of Tarrant County (Majority)

Preview:COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-10-00270-CR RYAN ROOSEVELT SANDERS A/K/A BRIAN ROOSEVELT SANDERS V. THE STATE OF TEXAS ---------FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY ---------STATE APPELLANT

MEMORANDUM OPINION1
---------I. Introduction Appellant Ryan Roosevelt Sanders received deferred adjudication community supervision after he pleaded guilty to burglary of a habitation. The State subsequently filed a petition to proceed to adjudication. At the hearing, the State waived three allegations, and Appellant pleaded true to the remaining nine
1

See Tex. R. App. P. 47.4.

allegations concerning his commission of five new offenses; use of marijuana; and failure to complete community service, an educational program, and a substance abuse assessment. After hearing testimony from Appellant and

argument from counsel, the trial court found the State's nine remaining allegations true, adjudicated Appellant guilty of burglary, and sentenced Appellant to eight years' confinement. Appellant contends in two points on

appeal that the trial court abused its discretion by finding three of the State's allegations true and erred by ordering payment of court-appointed attorney's fees. We reform the judgment to remove the order that Appellant pay attorney's fees and affirm the judgment as modified. II. Applicable Law Appellate review of an order revoking community supervision is limited to determining whether the trial court abused its discretion. Rickels v. State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006); Miles v. State, 343 S.W.3d 908, 912 (Tex. App.--Fort Worth, no pet.); Cherry v. State, 215 S.W.3d 917, 919 (Tex. App.--Fort Worth 2007, pet. ref'd). When there is sufficient evidence to support a finding that the defendant violated a condition of his community supervision, the trial court does not abuse its discretion by revoking the supervision. See Cardona v. State, 665 S.W.2d 492, 493

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