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Herald v. State

The occupational license provisions do not preclude a charge for violation of law as provided for by Texas Transportation Code '521.457.

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Appellant Michael J. Herald appeals from a judgment revoking his community supervision and sentencing him to 20 days incarceration. He asserts that the trial court erred in revoking his community supervision. He claims that the State may have proved he was driving outside the restrictions on his occupational license, but that no evidence supported the finding which was charged: driving while his license was suspended. We affirm.

BACKGROUND

On January 8, 1999, appellant was charged with the offense of possession of marijuana of not more than two ounces, a Class B misdemeanor. He pled guilty and punishment was set at 30 days in the county jail and a fine of $250. Imposition of confinement was suspended and appellant was placed on community supervision for six months. Among the conditions of supervision was the condition that appellant commit no offense against the laws of the State of Texas. As a result of the conviction the court also suspended appellant’s driver’s license.

 
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