Billy Joe Smith v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-12-00069-CR BILLY JOE SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 8th District Court Hopkins County, Texas Trial Court No. 0518106 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Billy Joe Smith was on deferred adjudication community supervision for the offense of aggravated sexual assault of a child. The State filed a motion for adjudication and revocation, alleging Smith failed to pay fees, fines, and costs assessed as part of his supervision and that he violated the terms and conditions of his supervision by being in the direct presence of or having personal contact with children. The trial court found the allegations true, adjudicated him guilty, and sentenced him to life in prison. Based on the reasoning and analysis in our opinion in cause number 06-12-00065-CR, issued on even date herewith, we overrule Smith’s points of error. We affirm the trial court’s judgment and sentence. Josh R. Morriss, III Chief Justice Date Submitted: January 10, 2013 Date Decided: January 23, 2013 Do Not Publish 2