Gary David Green v. The State of Texas--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00359-CR

Gary David Green,

Appellant

v.

The State of Texas,

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court No. F34339

MEMORANDUM Opinion

The trial court placed Green on community supervision for aggravated assault. See Tex. Penal Code Ann. 22.02(a) (Vernon 2003). Green appeals the revocation of his community supervision. We affirm.

In Green s one issue, he contends that the trial court abused its discretion in revoking Green s community supervision.

Appellate review of an order revoking [community supervision] is limited to review for abuse of the trial court s discretion. Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984); accord Felder v. State, No. 10-05-00358-CR, 2006 Tex. App. LEXIS 8277, at *3 (Tex. App. Waco Sept. 20, 2006, no pet.) (not designated for publication) (mem. op.); see Woodson v. State, 191 S.W.3d 280, 283-84 (Tex. App. Waco 2006, pet. ref d).

[T]he sufficiency of the evidence in a revocation of community supervision c[an]not be challenged in the face of a plea of true to an allegation in the motion to revoke. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979) (citing Mitchell v. State, 482 S.W.2d 221 (Tex. Crim. App. 1972) et al.); accord Harris v. State, 160 S.W.3d 621, 626 (Tex. App. Waco 2005, pet. dism d). An appellant s plea of true, standing alone, is sufficient to support the revocation of [community supervision]. Cole at 128; accord Cummins v. State, No. 10-05-00142-CR, 2005 Tex. App. LEXIS 7730, at *1 (Tex. App. Waco Sept. 21, 2005, no pet.) (not designated for publication) (mem. op.); see Chasteen v. State, No. 10-06-00071-CR, 2007 Tex. App. LEXIS 5125, at *4 (Tex. App. Waco June 27, 2007, pet. ref d) (not designated for publication) (mem. op.).

Among the conditions of Green s community supervision was that he totally abstain from the illegal use of controlled substances. (1 C.R. at 33.) The State s motion to revoke alleged, Green pleaded, and the trial court received evidence and found, that Green used amphetamine, methamphetamine, and marihuana. See Tex. Health & Safety Code Ann. 481.002(5), 481.102(6), 481.103(a)(3) (Vernon Supp. 2007), 481.115(a), 481.116(a), 481.121(a) (Vernon 2003). The trial court did not abuse its discretion in revoking Green s community supervision. We overrule Green s issue.

Having overruled Green s sole issue, we affirm.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed April 30, 2008

Do not publish

[CR25]