Armstrong v. State

The probationer was not obligated to prove that she did make a timely report of her arrest to her probation officer; instead, the state had to show by a preponderance of the evidence that she did not make such a report, thus violating her probation.

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Appellant Amy Jeanine Armstrong appeals from the district court’s order revoking her probation and ordering her confined to the Texas Department of Criminal Justice: Institutional Division for five years. We will reverse and remand.

Summary of the Evidence

Texas Highway Patrol Officer Doug Childs testified that on March 24, 2000, he reported to the scene of a car accident in Hill County. When Childs arrived, Armstrong was lying on the ground being attended by a medic. Childs spoke to some of the deputies who had first arrived on the scene and learned that Armstrong had been driving and that Armstrong’s three children and sister-in-law had been passengers in her car. Armstrong, her passengers, and the driver of the other car involved in the accident were eventually transported to the hospital by ambulance.

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Armstrong v. State

The probationer was not obligated to prove that she did make a timely report of her arrest to her probation officer; instead, the state had to show by a preponderance of the evidence that she did not make such a report, thus violating her probation.

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