Paul Stanfield, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas held that, for probation revocation hearings, the State bears the burden of proving intentional failure to pay probation fees even when the motion includes non‑monetary allegations, and that inability to pay is an affirmative defense the probationer must prove by a preponderance of the evidence. It also held that the evidence was sufficient to find the appellant guilty of forgery with intent to defraud. The Court reversed the appellate court's judgment and affirmed the trial court's revocation of probation. Justice Davis, dissenting, argued that the majority rewrote the statute and should have required the State to prove both ability to pay and intent.