This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant's probation was revoked due to two alleged violations: failing to report an arrest and failing to enter into counseling. The Defendant argued that the evidence presented at the probation revocation hearing was insufficient to establish that these violations were willful (paras 1-2).
Procedural History
- District Court, Guadalupe County: Revoked the Defendant's probation for failing to report an arrest and failing to enter into counseling (para 1).
Parties' Submissions
- Appellant: Argued that the evidence was insufficient to prove that the probation violations were willful, as the Defendant did not have a jail phone account to report the arrest and did not provide proof of attending counseling (paras 2-4).
- Appellee: Asserted that the probation officer's testimony was sufficient to establish the violations, as the Defendant failed to notify the probation office of a new criminal offense and did not provide proof of attending counseling (paras 3-5).
Legal Issues
- Was the evidence sufficient to establish that the Defendant's probation violations were willful?
Disposition
- The Court of Appeals affirmed the district court's decision to revoke the Defendant's probation (para 6).
Reasons
Per Henderson J. (Attrep and Wray JJ. concurring): The Court found that the probation officer's testimony provided sufficient evidence to establish the Defendant's probation violations. The officer testified that the Defendant did not notify her of a new criminal offense within the required 48 hours and failed to provide proof of attending counseling. The Court noted that the district court, as the fact-finder, was free to reject the Defendant's version of events and conclude that the violations were willful. The Court also found no abuse of discretion in the district court's decision, as the probation officer testified that the Defendant had the ability to contact her office while incarcerated (paras 3-5).