CourtListener 9400850•INMAN, CALLIE RENEE v. the State of Texas
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0251-22
CALLIE RENEE INMAN, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRTEENTH COURT OF APPEALS
GALVESTON COUNTY
NEWELL, J., filed a concurring opinion in which HERVEY,
RICHARDSON and MCCLURE, JJ., joined.
I agree with the Court’s opinion dismissing Appellant’s petition for
discretionary review as improvidently granted. I write separately to
make two observations.
Inman Concurring — 2
First, the trial court’s order adjudicating Appellant’s guilt for
violating the conditions of community supervision can be upheld based
upon ground for violation that does not implicate the Confrontation
Clause and is not contested on discretionary review. As a condition of
Appellant’s deferred adjudication community supervision, Appellant
could not travel outside of Texas without permission. 1 Appellant
testified that she had done so but claimed that her community
supervision officer told her stepfather that she had permission to travel
to Louisiana. Appellant’s community supervision officer testified
unequivocally that Appellant did not have permission to travel to
Louisiana. The court of appeals held that the trial court could have
credited the community supervisor’s testimony and revoked Appellant’s
community supervision for this reason alone. 2 Appellant does not
challenge the court of appeals holding in this regard.
Second, Appellant only asserts a right to confront witnesses under
the Sixth Amendment in this case. However, there is also a right to
1
Inman v. State, No. 13-20-00349-CR, 2022 WL 709832 at *1 (Tex. App. – Corpus Christi –
Edinburg Mar. 10, 2022) (mem. op., not designated for publication).
2
Id. at *3 (citing Garcia v. State, 387 S.W.3d 20, 26 (Tex. Crim. App. 2012); see also Moore
v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980) (“We need not address appellant’s
other contentions since one sufficient ground for revocation will support the court’s order to
revoke probation.”).
Inman Concurring — 3
confront witnesses as a matter of due process. 3 At the hearing,
Appellant only claimed her Sixth Amendment right to confront witnesses
had been violated. She did not further object that her due process right
to confront witnesses had been violated.
With these observations, I join the Court’s opinion dismissing
Appellant’s petition for discretionary review as improvidently granted.
Filed: May 17, 2023
Do Not Publish
3
Ruedas v. State, 586 S.W.2d 520, 523 (Tex. Crim. App. 1979) (noting that the Supreme
Court has held that the “minimum requirements of due process” in probation revocation
hearings includes the right to confront and cross-examine adverse witnesses) (citing Gagnon
v. Scarpelli, 411 U.S. 778 (1973)); see also Chambers v. Mississippi, 410 U.S. 284, 294
(1973) (“The rights to confront and cross-examine witnesses . . . have long been recognized
as essential to due process.”).
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