Loye Dale Hudson v. State ( 2010 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-09-00113-CR
______________________________
DOUGLAS ALAN DANZER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 9815138
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
In its motion to proceed with adjudication of Douglas Alan Danzer’s guilt for aggravated
sexual assault of a child, 1 the State alleged eighteen violations. Danzer pled ―true‖ to all
eighteen, including one violation that, while under community supervision, he had direct contact
with his biological granddaughter, a minor. The trial court accepted Danzer’s plea and sentenced
him to sixty years’ imprisonment.
In his sole point on appeal, Danzer argues that, because the trial court had previously
modified his conditions of community supervision to allow him to be in the presence of his minor
biological children, we should interpret that modification to allow him to be in the presence of his
minor biological granddaughter. Danzer argues that this Court should interpret the term
―biological children‖ to include ―biological grandchildren‖ and that we should, based on that
interpretation, reverse and remand the trial court’s sentence.
We affirm the trial court’s judgment because Danzer does not contest the other seventeen
violations, to which he pled ―true,‖ and because there are no factual or legal grounds to support the
interpretation of the term ―minor biological children‖ to include Danzer’s minor granddaughter.
One significant problem with Danzer’s appeal is that he pled ―true‖ to eighteen violations
of his community supervision terms, the violation raised in his one point of error on appeal and
seventeen other violations. A plea of ―true‖ to even one allegation is sufficient to support a
1
Danzer had pled guilty to aggravated sexual assault of a child and had received ten years’ deferred community
supervision.
2
judgment of adjudication. Watts v. State, 645 S.W.2d 461, 463 (Tex. Crim. App. 1983); Cole v.
State, 578 S.W.2d 127, 128 (Tex. Crim. App. 1979); Lewis v. State, 195 S.W.3d 205, 209 (Tex.
App.—San Antonio 2006, no pet.); Bahm v. State, 184 S.W.3d 792, 801 (Tex. App.—Beaumont
2006), rev’d on other grounds, 219 S.W.3d 391 (Tex. Crim. App. 2007). Danzer fails to raise any
defense or point of error regarding the other seventeen community supervision violations to which
he pled true. Therefore, we must affirm the judgment of the trial court.
Even had Danzer not admitted the other violations, we would affirm on his sole point of
error.
Rule 38.1(h) of the Texas Rules of Appellate Procedure requires that a brief contain ―a
clear and concise argument for the contentions made, with appropriate citations to authorities and
to the record.‖ TEX. R. APP. P. 38.1(h). An inadequately briefed issue may be waived on appeal.
Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279, 284–85 (Tex. 1994) (discussing
the ―longstanding rule‖ that a point may be waived due to inadequate briefing); McCarthy v. State,
65 S.W.3d 47, 49 n.2 (Tex. Crim. App. 2001); Hooper v. Smallwood, 270 S.W.3d 234 (Tex.
App.—Texarkana 2008, pet. denied).
Because the argument on Danzer’s sole point of error is inadequately briefed, we are not
required to address it. We nevertheless, in the interest of justice, address it on this occasion. In
that point of error, Danzer asks us to include ―grandchild‖ in the term ―child‖ and thus hold that
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Danzer was within the trial court’s exception to the no-contact-with-minors provision when he was
in contact with his minor granddaughter.
Our review of an order revoking community supervision is limited to determining whether
the trial court abused its discretion. 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).
A trial court retains continuing jurisdiction over a defendant’s community supervision and
has almost unlimited authority as a matter of law to alter or modify any conditions of community
supervision during the probationary period. See TEX. CODE CRIM. PROC. ANN. art.
42.12, §§ 10(a), 22 (Vernon Supp. 2009); Ex parte Fulce, 993 S.W.2d 660, 662 (Tex. Crim. App.
1999); Bailey v. State, 888 S.W.2d 600, 604 (Tex. App.—Beaumont 1994, no pet.). Trial courts
have been given wide discretion in selecting terms and conditions of community supervision.
Fielder v. State, 811 S.W.2d 131, 134 (Tex. Crim. App. 1991); Salinas v. State, 514 S.W.2d 754
(Tex. Crim. App. 1974). If the conditions of community supervision are clear, explicit, and
unambiguous so that the defendant understands what is expected of him or her, and if such
conditions bear a reasonable relationship to the treatment of the defendant and the protection of the
public, the imposition of such conditions of community supervsion will not be disturbed on
review. Macias v. State, 649 S.W.2d 150, 152 (Tex. App.—El Paso 1983, no pet.).2
The trial court amended the conditions of Danzer’s community supervision to prohibit
2
Danzer does not argue that the conditions of his community supervision (1) were unclear, implicit, or ambiguous, or
(2) bore no reasonable relationship to his treatment and the protection of the public.
4
Danzer from being in the direct presence of, or having any personal contact with, ―any person
under the age of 17, except for his biological children.‖ Black’s Law Dictionary defines
―biological child‖ as ―a child by birth, as distinguished from an adopted child" and the applicable
meaning of ―child‖ is ―a son or daughter.‖ BLACK’S LAW DICTIONARY 271–72 (9th ed. 2009).
Neither Danzer’s brief nor a search of applicable law reveals any authority empowering this Court
to alter the plain and accepted definition of ―biological children‖ to include grandchildren.
We overrule Danzer’s point of error and affirm the trial court’s judgment.
Josh R. Morriss, III
Chief Justice
Date Submitted: April 15, 2010
Date Decided: April 16, 2010
Do Not Publish
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