Roberson v. State
| Decision Date | 27 April 1977 |
| Docket Number | No. 54202,54202 |
| Citation | 549 S.W.2d 749 |
| Parties | Raymond ROBERSON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
This is an appeal from an order revoking probation.
On August 7, 1975, the appellant was found guilty, upon his plea, of theft. His punishment was assessed at three (3) years, probated. Condition (2) of appellant's probation was that he "Commit no offense against the laws of this or any State or of the United States."
On May 19, 1976, the State filed a motion to revoke alleging that the appellant violated the provisions of his probation in that:
"he committed the offense of Burglary of a Habitation in that on or about the 16th day of April 1976, in the County of Travis, State of Texas, the defendant did then and there with intent to commit theft enter a habitation which was not open to the public, without the effective consent of D. J. Nunn, the owner."
The appellant entered a plea of "true" to the State's motion to revoke. He complains on appeal that the trial court abused its discretion in not withdrawing his plea of "true" and in revoking his probation upon insufficient evidence.
The only testimony at the hearing came from the appellant. He admitted that he entered the residence of the complaining witness without her permission. However, he specifically denied any intent to commit theft:
At the conclusion of the hearing, the prosecutor stated, "Judge, burglary is alleged, and I believe the evidence is sufficient to find him guilty of a lesser included offense of criminal trespass of a habitation." The prosecutor also recommended that appellant's sentence be reduced to two years. Accordingly, the trial court revoked appellant's probation and imposed sentence at two years' confinement in the Texas Department of Corrections. However, the court's order revoking probation recites that appellant committed the offense of burglary of a habitation, as alleged in the State's motion to revoke.
The sufficiency of the evidence in a probation revocation cannot be challenged in the face of a plea of "true." Mitchell v. State, 482 S.W.2d 221 (Tex.Cr.App.1972). However, we must consider the sufficiency of the evidence because the trial court should have withdrawn the appellant's plea of "true" when the appellant took the stand and specifically denied any...
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Moon v. State
...is the trier of the facts, the judge of the credibility of the witnesses and the weight to be given their testimony. Roberson v. State, 549 S.W.2d 749 (Tex.Cr.App.1977). In the instant case we hold that the trial court under the circumstances presented should have withdrawn the guilty plea ......
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Bui v. State
...prove burglary and aggravated assault, respectively. See Aguilar v. State, 682 S.W.2d 556, 558 (Tex.Crim.App.1985); Roberson v. State, 549 S.W.2d 749, 751 (Tex.Crim.App.1977); Day v. State, 532 S.W.2d 302, 306 (Tex.Crim.App.1975); Bennett v. State, 79 Tex.Crim.App. 380, 185 S.W. 14, 15 (191......
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...Hancock v. State, 491 S.W.2d 139, 141 (Tex.Cr.App.1973); Pickett v. State, 542 S.W.2d 868, 869, 870 (Tex.Cr.App.1976); Roberson v. State, 549 S.W.2d 749 (Tex.Cr.App.1977); Littlefield v. State, 586 S.W.2d 534 (Tex.Cr.App.1979); Horton v. State, 621 S.W.2d 632 (Tex.Cr.App.1981). In the cause......
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Varela v. State, 54504
...v. State, 543 S.W.2d 132 (Tex.Cr.App.1976). It has also been held applicable to revocation of probation proceedings. Roberson v. State, 549 S.W.2d 749 (Tex.Cr.App.1977). For the rule to come into play the evidence must go farther than just tending to show a defensive issue, it must reasonab......