Adrian Dean Melton v. The State of Texas--Appeal from 147th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00186-CR
Adrian Dean Melton, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. 0944052, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

PER CURIAM

 

This is an appeal from an order revoking community supervision. The underlying conviction is for possession of cocaine. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, 481.115, 1989 Tex. Gen. Laws 2230, 2936 (Tex. Health & Safety Code Ann. 481.115, since amended). The punishment is imprisonment for five years and a $750 fine.

The district court found that appellant violated his supervisory conditions by, among other things, failing to pay his fine, supervision fees, court costs, and Crime Stoppers fee. Appellant concedes that he did not pay, but contends the State failed to prove that his failure to pay was intentional. At the revocation hearing, appellant testified that he was unemployed and unable to pay. During cross-examination, appellant admitted that he regularly purchased marihuana while on probation. When asked why he did not save this money to pay his fine and fees, appellant replied, "I just didn't." The district court, as trier of fact, could reasonably conclude by a preponderance of the evidence that appellant's failure to pay was intentional. Point of error three is overruled.

The other points of error complain of the other violations of the conditions of supervision found by the district court. Because a single violation will support the revocation order, we need not address these points. Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980).

The order revoking community supervision is affirmed.

 

Before Justices Powers, Aboussie and Jones

Affirmed

Filed: September 25, 1996

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