Zelaya v. State

KLEIN, Judge.

Appellant’s community control was revoked, and he appeals, arguing that the violation was not willful or substantial. We agree and reverse.

Appellant was employed by a landscaper and his community control required him to be at home if he was not at work. He was supposed to be home by 6:00 p.m., but his community control officer would give him a half hour travel time.

At approximately 6:30 p.m. appellant’s community control officer saw appellant in a sporting goods store carrying a box of sneakers and walking towards the cashier. According to the officer the appellant approached the…