Terry Lynn Jackson v. State

Nos. 04-97-00187-CR and 04-97-00188-CR Terry Lynn JACKSON, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court Nos. 87-CR-1826 and 87-CR-3861 Honorable Sid L. Harle, Judge Presiding Opinion by: Sarah B. Duncan, Justice Sitting: Tom Rickhoff, Justice Sarah B. Duncan, Justice Karen Angelini, Justice Delivered and Filed: September 30, 1998 AFFIRMED Terry Lynn Jackson appeals the trial court's judgment revoking her probation. We affirm. Jackson pled guilty in 1987 to theft and was placed on ten years probation. In 1996, the terms of Jackson's probation were amended. Jackson was ordered to report to Alpha Home, a drug and alcohol treatment center, and to comply with all instructions given by Alpha Home. However, when Jackson reported to Alpha Home, she was told no beds were available, and she was instructed to maintain contact with the program director of Alpha Home so she could be placed in the facility at the earliest possible time. Approximately two weeks later Jackson was notified that a bed had become available and she was instructed to report to Alpha Home by 5:00 p.m. the next day. Jackson failed to report to Alpha Home as instructed. The director of Alpha Home testified Jackson told her she had more important things to do than come to treatment, while Jackson testified she could not enter Alpha Home immediately because she did not have a babysitter. As a result of her failure to report to Alpha Home when instructed, the State filed a motion to revoke Jackson's probation. The trial court granted the State's motion and sentenced Jackson to five years imprisonment. Jackson now appeals. We review an order revoking probation for abuse of discretion. Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984). The State must prove a violation of probation by a preponderance of the evidence. Id. If the State does not meet this burden, a trial court abuses its discretion in issuing an order revoking probation. Id. The trial court is the exclusive trier of fact and any conflicts in the evidence must be determined by the trial court. Story v. State, 614 S.W.2d 162, 164 (Tex. Crim. App. [Panel Op.] 1981). We therefore review the evidence in the light most favorable to the trial court's judgment. Garrett v. State, 619 S.W.2d 172, 174 (Tex. Crim. App. [Panel Op.] 1981). Condition 13F of Jackson's probation required her to report to Alpha Home and "comply with all instructions, directed by the head of or any authorized personnel of this agency." Jackson was instructed by the program director of Alpha Home to check into the facility at a specific time. She failed to comply with this order, and the trial court reasonably could have found she was able but failed to do so because "she had more important things to do." Under these circumstances, we hold the trial court did not abuse its discretion in revoking Jackson's probation, and therefore affirm the judgment. See Flournoy v. State, 589 S.W.2d 705, 708-09 (Tex. Crim. App. [Panel Op.] 1979). Sarah B. Duncan, Justice Do not publish Return to 4th Court of Appeals Opinions