Brown v. State

MEMORANDUM OPINION1

LEE GABRIEL, Justice.

Introduction

In this case we are asked whether, in the light most favorable to the trial court’s ruling, the prosecution proved by a preponderance of the evidence that Appellant Sandra Brown violated the conditions of her deferred-adjudication community supervision. One of us thinks, quite reasonably, that the prosecution did not prove its case; two of us think it did — but just barely. We all agree, however, that the trial court had to work to connect the dots.

Procedural Background

Appellant had negotiated a plea bargain agreement for eight years’…