Bell v. State
| Decision Date | 20 August 1982 |
| Docket Number | No. 12-81-0006-CR,12-81-0006-CR |
| Citation | 656 S.W.2d 502 |
| Parties | Samuel Lee BELL v. The STATE of Texas. |
| Court | Texas Court of Appeals |
William R. Pemberton, Sallas, Meriwether & Pemberton, Crockett, for appellant.
Melvin D. Whitaker, Palestine, for appellee.
This is an appeal from an order revoking appellant's probation. Appellant was placed on probation after he pleaded guilty to burglary of a habitation. We initially note that this case is controlled by our holding in Tillis v. State, 655 S.W.2d 259 (Tex.App.--Tyler 1983).
On August 10, 1978, the trial court entered an "Order Granting Probation." Four of the conditions of probation were as follows: (1) appellant shall report to the Probation Officer in either Bossier City, Louisiana or Houston County, Texas, between the first and tenth days of each month; (2) appellant shall work faithfully at suitable employment in Bossier City, Louisiana; (3) appellant shall keep the Probation Officer advised of his residential address at all times; and, (4) appellant shall pay $10.00 per month to the Adult Probation Office of Houston County as a probation supervision fee.
The trial court did not enter judgment on August 10, 1978, but the docket sheet entry of that date reflects in part, "Judgment guilty, penalty, recommendation of the State ten (10) years, probated."
On November 25, 1980, a judgment was signed, entered, and filed. This judgment was dated August 10, 1978, the date of the "Order Granting Probation." The judgment reads as follows:
On this day the above cause came on for trial and came Hon. District Attorney, representing the State and also the Defendant Samuel Bell both in person and by Attorney, Hon. Bill Pemberton and announced ready for trial before the Court without a jury, and the said district Attorney read the indictment herein, and the Defendant entered his plea of guilty thereto, and having in person and through and by his said attorney waived the intervention of a jury, and counsel representing the State having agreed to said waiver of a jury, and the court having agreed to same, and it appearing to the Court that the Defendant is sane and is not influenced by any consideration of fear or by any persuasion or delusive hope of pardon prompting him to confess his guilt, and the Court having duly admonished the Defendant as to the consequences of such plea, yet the Defendant persisted in entering his said plea of guilty, and said plea was duly accepted by the Court.
And the Court after hearing the evidence and argument of counsel, is of the opinion and finds that the Defendant is guilty of the offense as charged.
IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED and DECREED by the Court that said Defendant is guilty of the offense of Burglary/Habitation as charged in the indictment, and that he be confined in the Texas Department of Corrections for ten (10) years, and that the State of Texas do have and recover of the said Defendant all costs in this prosecution expended, for which let execution issue.
On October 2, 1980, the State filed a motion to revoke appellant's probation. This motion alleged the following probation violations: (1) appellant violated the provisions of section 147-37 of the City Code of the City of Bossier City, Louisiana, on or about the 16th day of May, 1980, by committing the crime of petty theft by shoplifting; (2) appellant failed to report to the Bossier City, Louisiana Probation Officer between the first and tenth days of each month for the months of January, March, April, May, and August of 1980; (3) appellant did not work faithfully at suitable employment at Industrial Steel Products, in Shreveport, Louisiana, by being fired due to stealing paper supplies from the company; (4) appellant failed to keep the Bossier City, Louisiana Probation Officer advised of his residence at all times; (5) appellant did not pay the sum of $10.00 per month between the first and tenth days of each month as a probation supervision fee for the months of March, April, May, June, July, August, and September of 1980.
Appellant moved to quash the motion to revoke probation. At the hearing on the motion to revoke, appellant pleaded "not true" to all alleged violations.
The State presented the testimony of the Houston County Adult Probation Officer, Clyde Machen, at the hearing on the motion to revoke. Machen testified that he explained to Bell the terms and conditions of his probation; that Bell's probation proceedings were transferred to Bossier City, Louisiana; and that Bell did not pay a $10.00 adult probation supervision fee in March, April, May, June, July, August, and September of 1980.
Paul Michael Seale, a supervisor of felony probationers for the State of Louisiana Department of Corrections, Division of Probation and Parole, testified he began supervising Bell in August of 1978. Seale stated Bell did not report to the Probation Office in Bossier City, Louisiana, in January, April, and May of 1980; and that he reported late in March and August of 1980. Seale testified, over objection, that Bell told him he was fired from his job at Industrial Steel Products for stealing paper supplies. Seale also stated that Bell changed residences sometime prior to July 1980 without permission, and that he paid no probation supervision fees in...
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