11th Court of Appeals
Eastland, Texas
Opinion
Eric Rashurn Hunter
Appellant
Vs. No. 11-01-00389-CR B Appeal from Taylor County
State of Texas
Appellee
This is an appeal from a judgment revoking community supervision. Appellant originally entered a plea of guilty to the offense of possession of cocaine. TEX. HEALTH & SAFETY CODE ANN. ' 481.115 (Vernon Pamph. Supp. 2002). The trial court convicted appellant and assessed punishment at confinement for 18 months in a state jail facility and a $1,000 fine. Pursuant to the plea bargain agreement, the trial court suspended the imposition of the confinement portion of the sentence and placed appellant on community supervision for two years. At the hearing on the State=s motion to revoke, appellant entered pleas of true to the State=s allegations, and the parties entered into a second plea bargain agreement. The trial court found that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, and followed the plea bargain agreement by imposing a sentence of confinement in a state jail facility for 18 months. Appellant filed a pro se notice of appeal.
When appellant=s brief was not filed, this court abated the appeal in order that the trial court could conduct a TEX.R.APP.P. 38.8 hearing. At the Rule 38.8 hearing, appellant testified, AYes, I made the decision that I do not want to file - - go through with the appeal.@ When asked by his counsel if he still felt that way at the time of the hearing, appellant responded, AI absolutely know that, yes, I do.@ At the conclusion of the hearing, the trial court found that appellant desired to abandon his appeal.
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.Cr.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.Cr.App.1980); Taylor v. State, 604 S.W.2d 175 (Tex.Cr.App.1980); Moses v. State, 590 S.W.2d 469 (Tex.Cr.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.Cr.App.1981); Barnett v. State, 615 S.W.2d 220 (Tex.Cr.App.1981). A plea of true alone is sufficient to support the trial court=s determination to revoke. Moses v. State, supra; Cole v. State, 578 S.W.2d 127 (Tex.Cr.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.Cr.App.1979).
The record does not reflect that the trial court abused its discretion in revoking appellant=s community supervision upon his plea of true or in assessing punishment pursuant to the plea bargain agreement. The record further reflects that appellant has been represented by counsel at the trial on the merits, at the revocation hearing, and at the Rule 38.8 hearing.
The judgment of the trial court is affirmed.
PER CURIAM
September 12, 2002
Do not publish. See TEX.R.APP.P. 47.3(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.