Court of Criminal Appeals of Texas

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

October 22, 19861986 Tex. Crim. App. LEXIS 852

Summary

The Court held that under Article 42.12, § 8(c) the State bears the burden of proving intentional failure to pay probation fees, and that the evidence was sufficient to find the appellant’s intent to defraud in the forgery by passing charge. Accordingly, the appellate court's decision was reversed and the trial court's revocation of probation was affirmed. Justice Davis dissented, arguing that the majority misread the statutory word “only” and should have required the State to prove ability to pay and intentional non‑payment.