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Kristina Danielle Lara v. the State of Texas

Citation: Not availableDocket: 13-21-00397-CR

Court: Court of Appeals of Texas; July 28, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant challenged the decision of a Texas District Court regarding the revocation of her community supervision. The appellant was previously indicted on five counts, including stalking and harassment, and had been placed on deferred adjudication for four counts while serving a jail sentence for the fifth. The State moved to revoke her supervision, alleging violations of her conditions, specifically, committing new offenses and contacting complainants. Testimonies from victims indicated ongoing harassment, which the appellant denied. The trial court found the evidence sufficient to support violations, leading to revocation and sentencing. The appellant argued the trial court abused its discretion and erred in imposing consecutive sentences. The appellate court upheld the trial court's decision on revocation, citing sufficient evidence of violations. However, it found the imposition of consecutive sentences contrary to Texas law, as the offenses arose from a single episode, and modified the judgment to run all sentences concurrently. The appellant's appeal was partially successful regarding the sentencing structure but ultimately affirmed the modified decision.

Legal Issues Addressed

Burden of Proof in Revocation Hearings

Application: The State met its burden by showing a preponderance of the evidence that Lara violated conditions of her community supervision.

Reasoning: Revocation hearings differ from criminal prosecutions, requiring proof by a preponderance of the evidence, meaning that the evidence must show a reasonable belief that a violation occurred.

Consecutive versus Concurrent Sentencing

Application: The appellate court found the trial court abused its discretion in imposing consecutive sentences for offenses stemming from a single criminal episode.

Reasoning: Consequently, the appellate court finds that the trial court abused its discretion in mandating consecutive sentences. The court modifies the judgment to reflect that all sentences will run concurrently and affirms the modified judgments.

Credibility and Weight of Testimony in Revocation Hearings

Application: The trial court acted within its role as the trier of fact by finding the testimonies of Haley and Deputy Caddell credible over Lara's denials.

Reasoning: The trial court found the allegation credible, favoring the testimonies of Haley and Deputy Caddell over Lara's denials.

Standards for Revocation of Community Supervision

Application: The trial court did not abuse its discretion in revoking Lara's deferred adjudication community supervision based on evidence of her violations.

Reasoning: The evidence presented supported a reasonable belief that Lara violated her probation terms, leading to the conclusion that the trial court did not abuse its discretion in its ruling.