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Griffith v. State

Appellant did not violate that term of his probation barring him from "frequent[ing] areas where children congregate" by visiting a library one time. Nos. 07-09-0152-CR & 07-09-0153-CR, 09-11-2009

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Opinion

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant John Brown Griffith appeals from the trial court’s judgments adjudicating him guilty of the offenses of indecency with a child and sentencing him to twenty years in prison. Appellant had pled guilty to the original charges and was placed on probation in March of 2007. The State filed a motion to proceed with his adjudication of guilt because he purportedly violated that term of his probation barring him from “frequent[ing] areas where children congregate.” The provision was violated, according to the State, when he visited the Lovett Library on January 12, 2008. The trial court found the allegation to be true and adjudicated appellant guilty of indecency with a child. Appellant contends on appeal that the evidence is factually insufficient because the State proved that he visited the library only one time, and doing so one time does not fall within the ambit of “frequent.” We agree and reverse the judgments.

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