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Parker v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 15, 2006
No. 10-06-00036-CR (Tex. App. Nov. 15, 2006)

Opinion

No. 10-06-00036-CR

Opinion delivered and filed November 15, 2006. DO NOT PUBLISH.

Appeal from the 249th District Court, Johnson County, Texas, Trial Court No. F35431. Affirmed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.


MEMORANDUM OPINION


On ten years' community supervision for felony possession of a firearm, Appellant Christopher Michael Parker pled "true" to six allegations in the State's Motion to Revoke Community Supervision. Parker admitted that he tested positive for cocaine on May 5, 2004 and tested positive for marihuana on multiple occasions in May and June 2004 in violation of the conditions of his community supervision. The trial court revoked Parker's community supervision and sentenced him to ten years in prison. Parker appeals, asserting that the evidence was insufficient to revoke his probation. To overturn a revocation order, a defendant must successfully challenge each finding on which the revocation is based. Harris v. State, 160 S.W.3d 621, 626 (Tex.App.-Waco 2005, pet. dism'd). However, a defendant cannot challenge a revocation finding on an allegation to which he pled "true." Id. (citing Cole v. State, 578 S.W.2d 127, 128 (Tex.Crim.App. [Panel Op.] 1979)). Once a plea of true is entered, the sufficiency of the evidence may not be challenged. Rincon v. State, 615 S.W.2d 746, 747 (Tex.Crim.App. 1981). Parker's plea of "true" is sufficient to support the revocation of his community supervision. Cole, 578 S.W.2d at 128. Accordingly, we overrule his sole issue and affirm the judgment of the trial court.


Summaries of

Parker v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 15, 2006
No. 10-06-00036-CR (Tex. App. Nov. 15, 2006)
Case details for

Parker v. State

Case Details

Full title:CHRISTOPHER MICHAEL PARKER, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 15, 2006

Citations

No. 10-06-00036-CR (Tex. App. Nov. 15, 2006)