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Robert Olin Steen, Jr. v. State
Citation: Not availableDocket: 02-08-00015-CR
Court: Court of Appeals of Texas; August 7, 2008; Texas; State Appellate Court
Original Court Document: View Document
Robert Olin Steen, Jr. appeals the adjudication of his guilt for criminal nonsupport, claiming the trial court abused its discretion due to insufficient evidence supporting the State's motion to proceed. His appeal follows a guilty plea and deferred adjudication for five years after his indictment on September 6, 2006. The conditions of his community supervision included abstaining from controlled substances, completing 300 hours of community service, and attending an anger management program. Steen was arrested for violating these conditions after testing positive for marijuana on August 20, 2007. The State filed a motion to adjudicate based on three violations: testing positive for marijuana, failing to complete community service hours, and not attending the anger management program. During the November 16, 2007 hearing, Steen pleaded "not true" to the allegations. His community supervision officer testified about his repeated positive drug tests and incomplete community service, while Steen claimed he used marijuana due to severe back pain and a liver condition, asserting that he had not smoked since June 2007. He admitted to not completing required community service hours and the anger management course, despite a subsequent reduction in his child support obligations that could have allowed him to pay for the course. The trial court ultimately upheld the adjudication of guilt. Davis testified that Steen enrolled in a course that was later canceled due to low enrollment and informed Steen he had until October 2007 to complete it. The trial court found all allegations in the State's motion to adjudicate true and sentenced Steen to twenty-four months in state jail. Steen filed a notice of appeal on December 12, 2007, claiming the trial court abused its discretion by adjudicating him guilty of criminal nonsupport due to insufficient evidence. Appellate review evaluates whether the trial court abused its discretion, focusing on the evidence in favor of the court’s findings. The State must demonstrate by a preponderance of the evidence that Steen violated probation conditions, with the trial judge determining witness credibility and testimony weight. Evidence indicated Steen tested positive for marijuana on June 29, 2007, and admitted to using it that month. He served four days in jail following this test, but the motion to adjudicate did not reference drug use prior to June 2007. He tested positive again on August 20, 2007, after denying further use. The positive urinalysis provided sufficient evidence of marijuana use between the two tests, allowing for an inference of violations of probation terms. The court concluded that the trial judge did not abuse discretion in adjudicating guilt based on proven violations, affirming the trial court's judgment.