DISMISSED
MAY 3, 1990
NO. 10-89-253-CV
Trial Court
# 88-458-1
IN THE
COURT OF APPEALS
FOR THE
TENTH DISTRICT OF TEXAS
AT WACO
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MARK DUPER,
Appellant
v.
EQUINE FUNDING ASSOCIATES,
Appellee
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From 19th Judicial District Court
McLennan County, Texas
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MEMORANDUM OPINION
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This appeal was perfected from a judgment signed August 11, 1989. By joint motion, Appellant and Appellee state that the parties have settled and none of the parties wish to pursue the appeal. Appellant requests dismissal of the appeal.
The motion is granted. The appeal is dismissed.
PER CURIAM
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IN THE
TENTH COURT OF APPEALS
No. 10-98-125-CR
CORY GENE SNOW,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 220th District Court
Hamilton County, Texas
Trial Court # 6829
O P I N I O N
On April 23, 1996, a jury convicted the appellant, Cory Gene Snow, of the felonious offense of burglary of a habitation, and the trial court assessed punishment at 5 years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice, probated for 10 years, and a fine of $1,500. See Tex. Pen. Code Ann. §§ 12.33, 30.02(a), (c) (Vernon 1994). On June 19, 1997, the State filed a motion to revoke Snow’s community supervision. The trial court modified the terms of Snow’s community supervision on September 30, 1997 to require Snow to serve a term of confinement in a substance abuse felony punishment facility (SAFPF). The State filed a second motion to revoke Snow’s community supervision on March 16, 1998, alleging Snow had violated the terms of his community supervision by refusing to serve his term in the SAFPF. The trial court entered a nunc pro tunc judgment revoking Snow’s community supervision and sentencing him to the State Boot Camp Program.
Snow appeals from this judgment, contending the trial court abused its discretion in finding Snow had violated the terms of his community supervision because (1) there was insufficient evidence that Snow refused to serve his term in the SAFPF, and (2) there was insufficient evidence that Snow was actually ordered to serve a term in the SAFPF. We affirm.
In a revocation proceeding, the State must prove by a preponderance of the evidence that the defendant violated the terms of his community supervision. Cobb v. State, 851 S.W.2d 871, 873 (Tex. Crim. App. 1993); Brumbalow v. State, 933 S.W.2d 298, 300 (Tex. App.—Waco 1996, pet ref’d). Appellate review of a revocation of a defendant’s community supervision is limited to a determination of whether the trial court abused its discretion. DuBose v. State, 915 S.W.2d 493, 496 (Tex. Crim. App. 1996); Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984); Brumbalow, 933 S.W.2d at 300. In determining whether discretion was abused, we must view the evidence adduced at the hearing in the light most favorable to the trial court’s findings. Jones v. State, 589 S.W.2d 419, 421 (Tex. Crim. App. 1979).
Snow contends that there was insufficient evidence presented at the revocation hearing of his unconditional refusal to participate in the programs at the SAFPF and that the trial court abused its discretion by revoking his community supervision based on a finding of such refusal. We disagree. At Snow’s revocation hearing, the State introduced Snow’s SAFPF records through B.J. Carnes, Transitional Coordinator at the SAFPF where Snow was assigned. State’s Exhibit #1 contained several completed forms from the SAFPF which indicate that Snow refused to participate in the program at the unit. The forms include a “TDCJ-ID Disciplinary Report and Hearing Record,” dated February 2, 1998, which summarizes Snow’s refusal to obey one of the SAFPF counselors and his statement that “he wished to leave the program.” There is also a progress report completed by Snow’s case manager, dated February 6, 1998, which indicates that “client still contends he wants out of program.”
Furthermore, the testimony of both Carnes and William Gustavus, Program Director at the SAFPF, support the trial court’s finding that Snow refused to participate while at the SAFPF. Carnes testified regarding the process of removing a person from a SAFPF. He testified that, in Snow’s particular case, several telephone calls were made to Snow’s community supervision officer, Jeanie Johnson, and that, despite attempts to motivate Snow to stay in the program, he continued to refuse to participate. Gustavus testified that he came into contact with Snow when Snow was removed from the general population for noncompliance with the program. According to Gustavus, Snow’s attitude reflected the belief that his placement in the SAFPF was erroneous because he did not have a substance abuse problem and that “he was not going to participate in the program.”
Based on the evidence presented at Snow’s revocation hearing, we cannot say the trial court abused its discretion by finding that Snow violated the terms of his community supervision by refusing to participate in the programs offered at the SAFPF. See DuBose, 915 S.W.2d at 496; Cardona, 665 S.W.2d at 493; Brumbalow, 933 S.W.2d at 300.
Snow next contends the trial court abused its discretion by revoking his community supervision based on a finding that he refused to participate in the programs at the SAFPF because there was insufficient evidence presented at the hearing that Snow had actually been ordered confined to a SAFPF. Snow’s argument has no merit because the Court of Criminal Appeals has held that “formal proof of the terms of the [community supervision] are not necessary” and that “as long as the judgment and order of [community supervision] appear in the record on appeal the State is not required to introduce the documents into evidence.” Cobb, 851 S.W.2d at 873, 874. Therefore, the trial court did not abuse its discretion in revoking Snow’s community supervision notwithstanding the court’s order not being admitted into evidence.
The judgment is affirmed.
BOBBY L. CUMMINGS
Justice
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Affirmed
Opinion delivered and filed October 21, 1998
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