Keenan Deandre Black v. The State of Texas

Summary

The Texas Court of Appeals, Second Appellate District, reviewed the revocation of Keenan Deandre Black’s community supervision for violations involving required treatment and educational programs. The court rejected Black’s unpreserved contractual modification and novation arguments and affirmed the resisting-arrest judgment. It modified the DWI judgment and bill of costs to delete a $6,000 Chapter 709 fine that had not been orally pronounced and was waived based on indigence.

Holdings

1. The trial court did not abuse its discretion by revoking Black's community supervision because the record showed that he failed to meet the ordered deadlines and did not establish a legally effective modification of those conditions.
2. Black failed to preserve his contractual modification and novation defenses and failed to present sufficient evidence supporting them.
3. The $6,000 fine had to be deleted from the written DWI judgment and bill of costs because the trial court did not orally pronounce it and expressly waived it after finding Black indigent.

Questions Presented

1. Whether the trial court abused its discretion by revoking community supervision when Black asserted that the timing requirements for his classes had been modified or superseded by a novation.
2. Whether Black preserved his modification and novation defenses for appellate review.
3. Whether the written DWI judgment and bill of costs had to be modified because the $6,000 Chapter 709 fine was not orally pronounced and was expressly waived at sentencing.

Disposition

other