Joshua Eric Bill v. State ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00104-CR
JOSHUA ERIC BILL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 34206CR
MEMORANDUM OPINION
Joshua Eric Bill pleaded guilty to the offense of possession of a controlled
substance with the intent to deliver. The trial court convicted Bill and assessed his
punishment at 10 years confinement and a $2,000 fine. The trial court suspended
imposition of the confinement portion of the sentence and placed Bill on community
supervision for 10 years. The State filed a motion to revoke alleging ten violations of
the terms and conditions of community supervision. After a hearing on the motion, the
trial court found four of the alleged violations to be true, revoked Bill’s community
supervision, and sentenced him to 10 years confinement and a $2,000 fine. We affirm.
In the first issue, Bill argues that the evidence is insufficient to support the trial
court’s decision to revoke his community supervision. We review an order revoking
community supervision under an abuse of discretion standard. Rickels v. State, 202
S.W.3d 759, 763 (Tex. Crim. App. 2006); Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim.
App. 1984). In a revocation proceeding, the State must prove by a preponderance of the
evidence that the defendant violated the terms and conditions of community
supervision. Cobb v. State, 851 S.W.2d 871, 873 (Tex. Crim. App. 1993). The trial court is
the sole judge of the credibility of the witnesses and the weight to be given their
testimony, and we review the evidence in the light most favorable to the trial court's
ruling. Cardona v. State, 665 S.W.2d at 493. Proof by a preponderance of the evidence of
any one of the alleged violations of the conditions of community supervision is
sufficient to support a revocation order. Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
App. [Panel Op.] 1980); Sanchez v. State, 603 S.W.2d 869, 871 (Tex. Crim. App. [Panel
Op.] 1980).
The trial court found that Bill violated the terms and conditions of his
community supervision by committing an offense against the laws of the State of Texas,
failing to pay the monthly supervision fee, failing to pay required fees to the Ellis
County Community Supervision and Corrections Department, and failing to complete a
Drug Offender Program. Chris Jones, an adult probation officer in Dallas County,
testified that he supervised Bill and that Bill had not completed a drug offender
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education course. Jones further testified that Bill had not paid the required fees to Ellis
County. Jimmy Smith, with the Ellis County Community Supervision Department,
testified that Bill was delinquent in his required fees to Ellis County and that Bill had
not completed a required drug offender education program. The State proved by a
preponderance of the evidence that Bill violated the conditions of his community
supervision. The trial court did not abuse its discretion in revoking Bill’s community
supervision. We overrule Bill’s first issue.
In his second issue, Bill complains about an illegal search of his vehicle. In the
motion to revoke, the State alleged that Bill violated the terms and conditions of his
community supervision by committing an offense against the laws of the State of Texas,
possessing a controlled substance. At the hearing, the State offered evidence that
officers conducted a traffic stop of Bill that resulted in his arrest for outstanding
warrants. The arresting officer conducted an inventory search of Bill’s vehicle where he
found a controlled substance. Bill complains that the search was illegal. The State
proved by a preponderance of the evidence that Bill violated the terms and conditions
of his community supervision by failing to complete a drug offender education course
and by failing to pay the required fees. Because proof of one violation is sufficient to
support a revocation order, we need not address Bill’s second issue. TEX. R. APP. P. 47.1.
We affirm the trial court’s judgment.
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AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed November 2, 2011
Do not publish
[CR25]
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