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Bersuch v. State

In one issue, appellant argues that the trial court could not consider a 2006 conviction as a violation in this motion to revoke hearing because the same offense had been the subject of a prior motion to revoke filed by the State. The previous motion to revoke did not allege the 2006 conviction as a ground for revocation, and the prior motion was withdrawn by the State, so there was no hearing held on that motion. Therefore, the trial court could properly use the 2006 conviction as a basis for revoking community supervision. Waco Court of Appeals, No. 10-09-00140-CR, 11-04-2009

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OPINION

Jeffrey Scott Bersuch was convicted of intoxication manslaughter and sentenced to ten years in prison. See TEX. PENAL CODE ANN. § 49.08 (Vernon Supp. 2009). After spending a short time in prison, the trial court suspended his sentence and placed Bersuch on community supervision. Several years later, the trial court revoked Bersuch’s community supervision and again sentenced him to ten years in prison. We affirm.

In one issue, Bersuch contends the trial court abused its discretion when it found he had violated the terms of his community supervision as alleged by the State in its motion to revoke. In this one issue, Bersuch challenges the court’s finding on each violation alleged in the motion to revoke.

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