Durrell Ware v. The State of Texas

Summary

The Texas Sixth Court of Appeals affirmed the revocation of Durrell Ware’s deferred-adjudication community supervision and his ten-year prison sentence. The court held that any assumed Confrontation Clause error concerning testimony about Ware’s GPS device was harmless because Ware admitted removing the device and failing to report, either of which supported revocation. The court also held that Ware preserved no complaint regarding the denial of his continuance request because the request was oral and unsworn.

Holdings

1. Even assuming that admission of the community-supervision officer's testimony concerning the absent police officer's actions violated Ware's confrontation rights, any error was harmless because Ware independently admitted removing the GPS device and failing to report as directed, and a single proven violation supported revocation.
2. Ware preserved nothing for appellate review because his request for a continuance was oral and unsworn rather than presented in a written motion setting forth sufficient cause.

Questions Presented

1. Whether admission of the community-supervision officer's testimony concerning an absent police officer's discovery and retrieval of Ware's GPS device violated Ware's due process right to confrontation and required reversal.
2. Whether the trial court abused its discretion by denying Ware's oral request for a continuance.

Disposition

affirmed