Bennett v. State

The Supreme Court reversed the judgment of the trial court revoking Defendant's community corrections placement for possessing obscene matter, holding that the evidence was insufficient to revoke Defendant's probation for possession of obscene matter.When community corrections officers performed a compliance check at Defendant's home they found a cell phone containing pictures of Defendant, as well as pictures of a naked woman and videos with a man and woman engaging in sexual intercourse. The community corrections portion of Defendant's sentence was revoked. On appeal, Defendant argued that because the trial court expressly stated that not all parts of the obscene matter definition were met, the evidence was insufficient to support revocation of his probation. The Supreme Court reversed, holding that reversal was necessary because the trial court made factual findings that negated one part of the statutory definition required to prove the violation. View "Bennett v. State" on Justia Law