Keaton Trace Creel v. the State of Texas ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-20-00012-CR
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KEATON TRACE CREEL, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 163rd District Court
Orange County, Texas
Trial Cause No. B150093-R
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MEMORANDUM OPINION
Appellant Keaton Trace Creel appeals the trial court’s judgment adjudicating
him guilty of aggravated robbery. In one issue on appeal, Creel complains that the
trial court erred by denying his motion to withdraw his pleas of “true” to the alleged
violations in the State’s motion to impose guilt. We affirm the trial court’s judgment.
BACKGROUND
Creel pleaded guilty to aggravated robbery, and the trial court placed him on
deferred adjudication community supervision for ten years. Subsequently, the State
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filed a motion to revoke Creel’s community supervision and to impose guilt, alleging
that Creel had violated eight conditions of his community supervision. Specifically,
the State alleged that on September 27, 2019, Creel possessed and consumed alcohol
and committed the offense of driving while intoxicated; on September 29, 2019,
Creel traveled to Louisiana without obtaining permission, went to a bar, associated
with a person previously convicted of a crime, and committed the offense of public
intoxication; on September 30, 2019, Creel tested positive for clonazepam and
cocaine; and Creel failed to complete his community service. The trial court
conducted a hearing on the State’s motion to impose guilt, and Creel pleaded “true”
to all eight of the State’s allegations.
After Creel entered his pleas, the trial court granted Creel’s motion to
substitute counsel. Creel’s new counsel filed a motion to withdraw Creel’s pleas of
“true,” arguing that Creel’s plea of “true” to the DWI allegation was involuntary
because the charge was refused by the district attorney’s office. The trial court
conducted a hearing on Creel’s motion, during which defense counsel asked the trial
court to allow Creel to withdraw all his pleas so counsel could investigate the merits
of the allegations. The trial court denied Creel’s motion.
The trial court conducted a hearing on the State’s motion to impose guilt,
during which Creel testified that while he was under community supervision, he
“slipped up.” Creel admitted that he had consumed alcohol and was arrested for
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driving while intoxicated on September 27, 2019. Creel also admitted that he went
to a strip club in Louisiana with a convicted felon and used cocaine, and that he was
arrested for public intoxication.
The trial court found that based on Creel’s pleas of “true” to the violations,
each of the violations in the State’s motion to impose was “true.” After considering
the scope of the violations and Creel’s admissions, the trial court revoked Creel’s
probation, found Creel guilty of aggravated robbery, and assessed Creel’s
punishment at twenty years of confinement.
ANALYSIS
In his sole issue, Creel argues that the trial court abused its discretion by
denying his motion to withdraw his pleas of “true” to the alleged violations in the
State’s motion to impose guilt. According to Creel, the trial court should have
allowed him to withdraw his pleas because he made a timely request prior to the
closing of evidence and before the trial court took the case under advisement and
imposed guilt.
Appellate review of an order revoking community supervision is limited to
determining whether the trial court abused its discretion. Cardona v. State, 665
S.W.2d 492, 493 (Tex. Crim. App. 1984). A trial court does not abuse its discretion
if the order revoking community supervision is supported by a preponderance of the
evidence. See Rickels v. State, 202 S.W.3d 759, 763-64 (Tex. Crim. App. 2006). If
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a single ground for revocation is supported by a preponderance of the evidence, then
an abuse of discretion is not shown. Sanchez v. State, 603 S.W.2d 869, 871 (Tex.
Crim. App. [Panel Op.] 1980). A plea of “true” to an alleged violation of a condition
of community supervision is sufficient to support the revocation of community
supervision and adjudicate guilt. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim
App. [Panel Op.] 1979). An oral admission of a violation of probation terms is also
sufficient to revoke probation. See Gamble v. State, 484 S.W.2d 713, 715 (Tex.
Crim. App. 1972).
Although Creel argues that this Court should apply case law addressing the
withdrawal of guilty pleas to the withdrawal of his pleas of “true,” unlike a guilty
plea case, a trial court is not required to allow a defendant to withdraw a plea of
“true” in a proceeding to adjudicate guilt. See Gutierrez v. State, 108 S.W.3d 304,
309-10 (Tex. Crim. App. 2003); Cole, 578 S.W.2d at 127-28. Even if the law
supported Creel’s contention, the error would be harmless because the court’s
judgment adjudicating Creel guilty of aggravated robbery was not based solely on
Creel’s pleas of “true,” but also on Creel’s testimony, during which he admitted
violating several conditions of his community supervision. See Wilson v. State, 515
S.W.2d 274, 275 (Tex. Crim. App. 1974); Gamble, 484 S.W.2d at 715. The evidence
presented at the revocation hearing, namely Creel’s admissions, was sufficient to
prove by a preponderance of the evidence that he violated his community
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supervision by consuming alcohol, traveling to Louisiana without obtaining
permission, and by going to a strip club with a convicted felon. Since the evidence
establishes that Creel violated the terms and conditions of his community
supervision, the trial court did not abuse its discretion by revoking his community
supervision. See Cardona, 665 S.W.2d at 493; Sanchez, 603 S.W.2d at 871. We
overrule Creel’s sole issue and affirm the trial court’s judgment.
AFFIRMED.
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W. SCOTT GOLEMON
Chief Justice
Submitted on March 18, 2021
Opinion Delivered May 5, 2021
Do Not Publish
Before Golemon, C.J., Kreger and Johnson, JJ.
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