Dimenisa Deshay Birdwell v. the State of Texas

Summary

The First Court of Appeals of Texas affirmed the trial court’s judgment adjudicating Dimenisa Deshay Birdwell guilty of evading arrest in a vehicle and sentencing her to four years’ imprisonment. The court held that because Birdwell challenged only three of the eleven community-supervision violations found true, she presented nothing for review, and any single violation was sufficient to support revocation and adjudication.

Holdings

1. Because proof of any single violation is sufficient to support revocation, an appellant must successfully challenge all violations found true by the trial court to obtain reversal of the revocation and judgment adjudicating guilt. If the appellant challenges fewer than all violations, she presents nothing for review.
2. The appellate court was not required to review the three challenged violations based on Birdwell's sentencing argument because, after revocation and adjudication, the defendant is sentenced for the underlying offense rather than for the violations of community supervision.

Questions Presented

1. Whether an appellant seeking reversal of a revocation of community supervision and adjudication of guilt must challenge every violation found true by the trial court.
2. Whether the court of appeals was required to review the three challenged violations because they allegedly may have affected the sentence imposed.

Disposition

affirmed