Summary
This document is an appellant's brief in a Texas criminal appeal from the revocation of community supervision. The appellant argues that the evidence was insufficient to establish resisting arrest and that due process requires proof of probation violations beyond a reasonable doubt. The brief requests reversal and remand for a new revocation or punishment hearing.
Questions Presented
- Whether the trial court abused its discretion by finding that Jorgensen committed resisting arrest and revoking his community supervision.
- Whether due process requires the State to prove every community-supervision violation beyond a reasonable doubt rather than by a preponderance of the evidence.
Cases Cited (21)
- Anderson v. State, 707 S.W.2d 267 (Tex. App.—Houston [1st Dist.] 1986, no pet.)(cited)
- Bradley v. State, 608 S.W.2d 652 (Tex. Crim. App. 1980)(criticized)
- Campbell v. State, 456 S.W.2d 918 (Tex. Crim. App. 1970)(cited)
- Crawford v. State, 435 S.W.2d 148 (Tex. Crim. App. 1968)(cited)
- Dansby v. State, No. PD-0613-12 (Tex. Crim. App. May 8, 2012)(cited)
- Dobbs v. State, 434 S.W.3d 166 (Tex. Crim. App. 2014)(cited)
- Ex parte Carmona, 185 S.W.3d 492 (Tex. Crim. App. 2006)(cited)
- Ex parte Doan, 369 S.W.3d 305 (Tex. Crim. App. 2012)(cited)
- Ex parte Hale, 117 S.W.3d 866 (Tex. Crim. App. 2003)(cited)
- Fariss v. Tipps, 463 S.W.2d 176 (Tex. 1971)(cited)
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