Valdez v. State, 47910
| Decision Date | 12 December 1973 |
| Docket Number | No. 47910,47910 |
| Parties | Louis VALDEZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Thomas V. Priolo, Amarillo, for appellant.
Michael P. Metcalf, Dumas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.
DAVIS, Commissioner.
Appeal is taken from an order revoking probation.
Appellant was convicted for the offense of rape on July 28, 1971. Punishment was assessed by the jury at five (5) years. Pursuant to the jury's recommendation the sentence was suspended and appellant was placed on probation.
On November 16, 1972, the State filed a motion to revoke probation alleging:
'The Defendant, Louis Valdez, has failed to make the following monthly probation supervision payments: July 1, 1972; August 1, 1972; September 1, 1972; November 1, 1972, in violation of Article 13 of the terms of the Defendant's probation.
'The defendant, Louis Valdez, has failed to make the following monthly reports to the office of his probation supervisor: August 1, 1972; September 1, 1972; October 1, 1972; and November 1, 1972, in violation of Article 6 of the terms of the Defendant's probation.'
On December 1, 1972, the court, after a hearing, entered judgment revoking probation. Embodied in the order revoking probation are findings by the court that appellant failed to make probation payments on July 1, August 1, September 1, November 1, 1972; and that appellant failed to make monthly reports to the office of his probation supervisor on August 1, September 1, October 1, and November 1, 1972.
At the outset, appellant contends the court erred in failing to set out in the order of revocation the findings and conclusions upon which the court based its order revoking probation.
We need not consider the sufficiency of the court's findings since the record fails to reflect any request of the trial court for further findings or clarification. Marshall v. State, Tex.Cr.App., 466 S.W.2d 582. See Wilkinson v. State, Tex.Cr.App., 480 S.W.2d 730; Hulsey v. State, Tex.Cr.App., 447 S.W.2d 165.
Appellant's contentions that the Adult Probation Law of Texas, Article 42.12, Vernon's Ann.C.C.P., is unconstitutional have been decided adversely to his arguments. A hearing on a motion to revoke probation is not a criminal trial and probationer is not entitled to a jury. Hood v. State, Tex.Cr.App., 458 S.W.2d 662; Shelby v. State, Tex.Cr.App., 434 S.W.2d 871; Manning v. State, Tex.Cr.App., 412 S.W.2d 656. Settles v. State, Tex.Cr.App., 403 S.W.2d 417 is adverse to appellant's contention that appellant is subjected to be twice placed in jeopardy for the same crime.
The argument that appellant has not been convicted of a crime upon which to base a revocation of probation has been decided by this court contrary to appellant's contention 'in cases too numerous to mention.' Farmer v. State, Tex.Cr.App., 475 S.W.2d 753. Appellant's complaint that the probation laws of this State do not permit the right to bail is likewise without merit. Ex parte Jones, Tex.Cr.App., 460 S.W.2d 428.
Appellant contends that the evidence was insufficient to support the revocation of his probation.
After appellant was placed on probation, he moved to Amarillo and transfer of the supervision of appellant's probation was made to the Potter County Probation Office. Appellant, testifying in his own behalf, admitted that he knew he was supposed to report to the Potter County Probation Department and that he failed to report in August, September, October and November of 1941. Appellant stated that car failure kept him from reporting. He further stated that he did not think of catching the city bus or taking a taxi to the place he was to report. In addition, appellant's testimony reflected that his brother took him to work and that 'Teresa' could have taken him to report. The foregoing evidence is sufficient to support the court's finding that appellant did...
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Frazier v. State
...entitled to a jury trial to determine if his probation should be revoked by virtue of Article 42.12, § 8, V.A.C.C.P. Valdez v. State, 508 S.W.2d 842 (Tex.Cr.App.1973); Barrow v. State, 505 S.W.2d 808 (Tex.Cr.App.1974); Mann v. State, 490 S.W.2d 545 (Tex.Cr.App.1973); Munoz v. State, 485 S.W......
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...does he complain that he was denied these findings on appeal. See Rodriquez v. State, 552 S.W.2d 451 (Tex.Cr.App.1977); Valdez v. State, 508 S.W.2d 842 (Tex.Cr.App.1973); Sappington v. State, 508 S.W.2d 840 (Tex.Cr.App.1974). Regarding the concern expressed in panel opinion as to the jury b......
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