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Date: 07-13-2022

Case Style:

Chad Latimer v. The State of Texas

Case Number: 09-21-00275-CR

Judge: W. Scott Goleman

Court: Court of Appeals of Texas, Ninth District, Beaumont, on appeal from the Criminal District Court, Jefferson County

Plaintiff's Attorney: Jefferson County Texas District Attorney's Office

Defendant's Attorney:



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Description: Beaumont, Texas criminal defense lawyer represented defendant charged with third-degree felony offense of injury to elderly.


Latimer pleaded guilty to the third-degree felony offense of injury to elderly, and the trial court adjudicated him guilty, sentenced him to ten years of incarceration, and required him to pay a fine and restitution. See Tex. Penal Code Ann. § 22.04. The trial court suspended imposition of the sentence and placed Latimer on community supervision. The State filed multiple motions to revoke, and ultimately, the trial court held a hearing over two separate days on the State's Fourth Amended Motion to Revoke. In that Motion to Revoke, the State alleged the following violations, among others, of the terms of his community supervision:

1). The said CHAD LESLEY LATIMER failed to report to the Jefferson County Community Supervision and Corrections Department on or about December 8, 2017, in violation of Condition (4) of Defendant's Community Supervision order.

2). The said CHAD LESLEY LATIMER failed to rep ort weekly to the Jefferson County Community Supervision and Corrections Department since July 10, 2017, in violation of Condition (4) of Defendant's Community Supervision order.

8). The said CHAD LESLEY LATIMER failed to immediately report to the Community Supervision officer his change of address in violation of Condition (9) of Defendant's Community Supervision order.

9). The said CHAD LESLEY LATIMER was at a location other than his residence [ ] between 10pm and 6am on or about the 27th day of April, 2019, in violation of Condition (19) of Defendant's Community Supervision order.

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11). The said CHAD LESLEY LATIMER has failed to provide verification of performing the community service hours required, in violation of Condition (18) of Defendant's Community Supervision order.

14). The said CHAD LESLEY LATIMER committed the offense of Possession/Use of Sub/Dev to Falsify Drug Test Results, on or about the 18th day of September, 2020, in the County of Jefferson, State of Texas, in violation of Condition (1) of Defendant's Community Supervision order.

17). The said CHAD LESLEY LATIMER failed to report to the Jefferson County Community Supervision and Corrections Department for the months December 2020 and January 2021, in violation of Condition (4) of Defendant's Community Supervision order.

Latimer pleaded "true" to each of the foregoing violations except 14, to which he pleaded "not true." Latimer further indicated he understood that the trial court could revoke his probation based on that alone, and he could be sentenced to not less than two years and not more than ten. The trial court found that Latimer pleaded true knowingly, intelligently, and voluntarily.

Latimer moved to quash the State's Allegation 14 arguing the evidence on which the allegation was based was seized without a warrant in violation of the Fourth and Fourteenth Amendments. The Motion to Quash also asserted Texas Health and Safety Code section 481.133(a) was unconstitutional. At the continuation of the hearing, the trial court heard evidence of Allegation 14, to which Latimer had

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already pleaded "not true." The evidence included the testimony of Beaumont Police Officer Joshua Hall, who was involved in a traffic stop of Latimer where officers seized evidence found in the vehicle without a warrant. Officer Hall testified that they found liquid that looked like urine in a bottle wrapped in hand warmers. After Hall mirandized Latimer, he asked what was in the bottle, Latimer said it was urine he planned to use to "falsify a drugtest."

At the conclusion of the hearing, the trial court also found Allegation 14 "true" and noted Latimer's prior pleas of true to Allegations 1,2,8,9,11, and 17. The trial court revoked Latimer's community supervision and sentenced him to four years of incarceration. The judgment noted the allegations Latimer pleaded "true" to and did not include any reference to Allegation 14.


Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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