## In T he Court of Appeals Seventh District of Texas at Amarillo

No. 07
- 23
- 00134
- CR
MIRANDA GAYLE SMITH AKA MIRANDA GAYLE KEEVER , A PPELLANT V. THE STATE OF TEXAS , APPELLEE On Appeal from the 100th District Court Childress County, Texas Trial Court No . 5525 , Honorable Stuart Messer , Presiding



### February 2 , 2024 MEMORANDUM OPINION Before QUINN , C .

J . , and PARKER and DOSS , JJ . Miranda Gayle Smith, a/k/a Miranda Gayle Keever, appeals from the trial court’s judgment revoking her community supervision, adjudicating her guilty of possessing a controlled substance with the intent to deliver , and assessing a twelve
- year prison sentence. She challenges the judgment through two issues , arguing 1) the evidence is insufficient to support the decision to revoke and 2) the sentence imposed is cruel and unusual . We affirm.2

Issue One Reading the first issue and the record b rings to mind the lyrics “ [i] t rained all night the day I left, the weather it was dry; [t] he sun so hot, I froze to death , Susanna , don’t you cry.” 1 Appellant argues that insufficient evidence supports the trial court’s decision granting the motion to revoke and adjudica t ing guilt. This is purportedly so because the reporter’s record illustrates that trial court relied on her pleas of true to the accusations in the motion when she actually ple a d ed “not true .” The State responds by arguing that the rep orter’s record is wrong. Though it shows she ple a d ed “not true , ” she actually ple a d ed “true .” Confusion is added when one sees that e lsewhere in the record appellant acknowledg ed that she had not ingested controlled substances except for the two occasion s to which “y ou have pled true to today

. ” (Emphasis added). So too does one find in the record t he trial court say ing , when announcing its decision, that 1) “ on each of the allegations [in the State’s motion]

. . . each of those are true based upon the defendant ’s plea ” and 2) “[i] t is that you have come forward and pled true

. . . . ” 2 (Emphasis added). T hus springs our reference to “Oh! Susanna ,” its inherent contradictions, and those found in the reporter’s record. Irrespective of whether th at record accurately memorializes appellant’s plea as true, it nonetheless contains evidence supporting the trial court’s decision to find one or more of the allegations true and grant the State’s motion. That evidence includes

1 “Oh ! Susanna ,” Stephen F. Foster.
2 The judgment adjudicating guilt also reflects that appellant ple a d ed “true” to the State’s motion to adjudicate.3

testimony by the probation off icer about appellant ingesting methamphetamine in 2020 after receiving community supervision. So too did appellant implicitly acknowledge (as shown above) that she ingested illegal substances at least twice. One of the conditions to remaining on probatio n obligated her to abstain from such substances. Other evidence, to which appellant admitted, illustrated that she associated with a felon while on community supervision. This contravened the directive to avoid per so ns of harmful or disreputable character , including t hose previously convicted of a crime. Appellant acknowledging that she engaged in the foregoing activity precludes us from holding that no evidence supported the trial court’s decision to revoke probation, adjudicate guilt, and pronounce sentence. Indeed, e vidence illustrating the violation o f any one condition named in the motion provides basis to adjudicate guilt, Johnson v. State , No. 07
- 22
- 00344
- CR, 2023 Tex. App. LEXIS 5128, at *6 (Tex. App.

— Amarillo July 7, 2023, no pet.) (mem. op., not designated for publication), and such evidence exi s ts. So, we overrule issue one. Issue Tw

o Next , appellant contends her twelve
- year sentence wa s cruel and unusual. Yet, the record fails to illustrate that she urged this complaint when sentenced or thereafter through a motion for new trial. Hav ing so failed, the matter was not preserved for review. Rucker v. State , No. 07
- 20
- 00128
- CR, 2021 Tex. App. LEXIS 7024 , at *10 (Tex. App.

— Amarillo Aug

. 25, 2021, pet. ref’d) (mem. op. not designated for publication) (so holding)

. Accordingly, we overrule the issue.4

Having overruled each issue, we affirm the judgment of the trial court.

Brian Quinn Chief Justice Do not publish.