Insufficiency of the Evidence? Boot to the Head II

Wooten v. State (Unpublished Memo): Another of a raft of sufficiency of the evidence cases.  This one is a little different because it’s an appeal from a revocation of community supervision.

Wooten was sent to a Substance Abuse Felony Punishment facility as part of his probation.  He was required to abide by all the rules and terms of the program.  He didn’t.  So it didn’t matter that he completed the program with a “minimal completion” discharge.  His failure to abide by the rules included threatening other participants.  That was enough to get Wooten kicked out of community supervision and into prison.

This one wasn’t really a close call, but is is worth noting that the standard of review in this context is “abuse of discretion” and not the typical legal or factual sufficiency standards.

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