Gene Maurice Massey v. State

IN THE TENTH COURT OF APPEALS No. 10-02-00225-CR Gene Maurice Massey, Appellant v. The State of Texas, Appellee From the 40th District Court Ellis County, Texas Trial Court # 25464CR CONCURRING Opinion As noted in their discussion of the sufficiency of the evidence, Massey pled true to the allegations that he violated his conditions of community supervision. A plea of true to any one of the alleged violations is sufficient to support the trial court's order of revocation. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. [Panel Op.] 1979); Moore v. State, 11 S.W.3d 495, 498 n. 1 (Tex. App.—Houston [14th Dist.] 2000, no pet.); Aldredge v. State, 703 S.W.2d 354, 355 (Tex. App.—Waco 1985, no pet.). And once a plea of true has been entered, a defendant may not challenge the sufficiency of the evidence to support the subsequent revocation. Cole, 578 S.W.2d at 128. Nothing further in support of the allegation is needed. Thus, the majority’s discussion of the evidence and apparent reliance, in part, upon it is unnecessary to the disposition of the appeal. I concur in the judgment affirming the revocation of community supervision. TOM GRAY Chief Justice Concurring opinion delivered and filed June 30, 2004 Do not publish