APPELLANT v. STATE FROM OF COUNTY

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Court of Appeals of Texas, Waco.

John Roland Guzman APPELLANT v. The State of Texas STATE FROM Criminal District Court No. 4 OF Tarrant COUNTY Appellant John Roland Guzman appeals from the trial court's judgment adjudicating him guilty of robbery causing bodily injury.  In two issues, Guzman challenges the sufficiency of the evidence to establish that he is the same person who was previously placed on community supervision in this cause.  We will affirm.

NO. 02-10-00148-CR

Decided: October 22, 2010

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

We overrule Guzman's first issue.

While Guzman casts his second issue in terms of factual sufficiency, we note that, historically, factual sufficiency standards were not applicable to revocation procedures, see Cherry, 215 S.W.3d at 919, and that with Brooks v. State, No. PD-0210-09, 2010 WL 3894613, at *8, *14 (Tex.Crim.App. Oct. 6, 2010), the court of criminal appeals eliminated the factual sufficiency standard of review for all criminal cases.   We overrule Guzman's second issue.

Having overruled Guzman's two issues, we affirm the trial court's judgment.

BILL MEIER

PANEL:  WALKER, MCCOY, and MEIER, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  October 21, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

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