Simpson, Robvia Leneice

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0578-18

ROBVIA LENEICE SIMPSON, Appellant v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TWELFTH COURT OF APPEALS

ANDERSON COUNTY

K ELLER, P.J., filed a concurring opinion.

In its brief, the State contends that “res judicata should preclude a defendant from raising an[] affirmative defense when they have pled true to the same offense in a previous probation revocation hearing.” A defendant’s plea of true is irrelevant to the doctrines of res judicata and collateral estoppel, which are implicated only by a trial court’s decisions and not by the conduct of the parties. As to the finding of true, I agree with the Court that such a finding in a probation revocation hearing can have no preclusive effect on the litigation of self-defense at a criminal trial because the State’s burden of proof in a revocation hearing (preponderance of the evidence) is less than its burden on SIMPSON CONCURRENCE — 2 the issue of self-defense at a criminal trial (beyond a reasonable doubt).1 This holding applies even when there is only one basis for revocation, so we need not address whether the finding of true at issue here (which was one of several findings) was essential to the judgment.2 I concur in the Court’s judgment.

Filed: January 15, 2020

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