Alex Rodriguez v. The State of Texas

Summary

The Texas Court of Appeals, Third District, affirmed the revocation of Alex Rodriguez’s community supervision and his ten-year prison sentence for burglary of a habitation. The court held that Rodriguez failed to preserve his due-process and fair-notice complaints because he did not object in the trial court. The court also concluded that the evidence was sufficient to support the finding that he violated a reporting condition of community supervision.

Holdings

1. Rodriguez failed to preserve his complaints that he lacked fair notice of the revocation allegation and that his reporting obligations were unclear because he did not make a timely, specific due-process objection in the trial court or raise the complaints in a motion for new trial.
2. The trial court did not abuse its discretion in revoking Rodriguez's community supervision because a preponderance of the evidence established that he failed to report to his community-supervision officer as directed.

Questions Presented

1. Whether Rodriguez preserved his due-process and fair-notice complaints concerning the motion to revoke and the terms of his reporting obligation.
2. Whether the evidence was sufficient under the abuse-of-discretion and preponderance-of-the-evidence standards to support revocation based on Rodriguez's failure to report to his community-supervision officer.

Disposition

affirmed