RONALD MULLINS v. THE STATE OF TEXAS

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Court of Appeals of Texas, Texarkana.

RONALD MULLINS, Appellant v. THE STATE OF TEXAS, Appellee

No. 06-17-00134-CR

Decided: January 25, 2018

Before Morriss, C.J., Moseley and Burgess, JJ.

MEMORANDUM OPINION

In 2010, Ronald Mullins pled guilty to and was convicted of aggravated sexual assault of a child.1 While the trial court sentenced Mullins to ten years' imprisonment and ordered him to pay a $2,500.00 fine, it suspended the imposition of the sentence in favor of placing Mullins on community supervision for ten years. Mullins' community supervision was revoked after the trial court found true the State's allegation that he violated a term of his community supervision by coming into contact with neighborhood children and failing to remove himself from their presence. As a result, the trial court imposed the previously suspended sentence and ordered that it be served consecutively with an identical sentence assessed in cause number 06-17-00133-CR.

Mullins appeals from the trial court's decision to revoke his community supervision in this case and in cause number 06-17-00133-CR. He has filed a single brief in which he raises issues common to both appeals. Specifically, Mullins argues (1) that the State failed to meet its burden of proof on the allegation contained in its revocation motion and (2) that the trial court erred in cumulating the sentence in this case with the sentence in cause number 06-17-00133-CR. We addressed these issues in detail in our opinion of this date on Mullins' appeal in cause number 06-17-00133-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case.

However, because the trial court's judgment mistakenly recited that Mullins pled “true” to the allegation in the State's motion to revoke, we must modify the trial court's judgment to reflect that Mullins pled “not true” to the allegation. As modified, we affirm the trial court's judgment.

FOOTNOTES

1.   In companion case number 06-17-00133-CR, Mullins was also convicted of another count of aggravated sexual assault of the same child involved in this case.

Ralph K. Burgess Justice

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