Strike or gutterball on probation revocation appeal

Killgo v. State (Unpublished Memo): Killgo failed to defeat all of the probation revocation findings made by the trial court. so the Tyler court affirms.  Killgo’s ten year probation for aggravated sexual assault of a child was revoked and turned into a fifty year prison term. 

Killgo says that six of the eight terms-of-probation violations the trial court found dealt with a failure to pay money (a fine associated with his sentence, and other undisclosed financial obligations that were made conditions of his community supervision).  He says that the trial court’s conclusion that he was “able” to pay is not supported by the evidence.  He says the evidence shows he was broke.  The Tyler court says: “What about the other two violations?”  Or, more precisely:

In cases where the trial court revokes probation based upon findings that a defendant violated more than one condition of probation, such a revocation does not constitute an abuse of discretion where any single finding of a violation is held to be valid.

Killgo hadn’t submitted to a required polygraph examination (the subject(s) of that examination are not stated).  In addition Killgo hadn’t showed up for community service duty.  So the Tyler court affirms the revocation of probation.

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