Torres v. State, No. 01-18-01074-CR (Tex. App. – Houston [1st Dist.] Dec. 22, 2020)

The First District reversed an adjudication of guilt where the evidence was insufficient to find that the accused violated conditions of community supervision. Notably, the court held that when a program terminates a probationer, the trial court must determine whether the termination was a reasonable exercise of discretion by the program before adjudicating guilt on that basis. Here, the accused was terminated by SAFPF, but the probation officer had no first-hand knowledge of the reasons for termination, a report from SAFPF contained only conclusory allegations of misconduct, and the accused had otherwise done well in the program. In a concurring opinion, Justice Keyes argued that the Confrontation Clause fully applies to hearings on motions to adjudicate guilt. Go Cheri!