CourtListener 10776538•Elliott J. Ferguson v. the State of Texas
Elliott J. Ferguson v. the State of Texas
CourtListener 10776538Txctapp414 janv. 2026
Texte intégral
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00211-CR
Elliott J. FERGUSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2022CR0763
Honorable Jennifer Peña, Judge Presiding
Opinion by: Adrian A. Spears II, Justice
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice
Delivered and Filed: January 14, 2026
AFFIRMED
Appellant, Elliot J. Ferguson, was placed on community supervision after pleading guilty
before the trial court to possession of a controlled substance in an amount of four grams or more
but less than 200 grams. On February 27, 2025, Appellant’s community supervision was revoked,
and he was sentenced to seven years’ confinement in the Texas Department of Criminal Justice.
04-25-00211-CR
In his sole issue on appeal, raised for the first time, Appellant contends that the State failed
to prove he was the same individual identified in the judgment placing him on community
supervision.
The record reflects that Appellant appeared at the revocation hearing, identified himself to
the trial court, and stated that he had been placed on probation in August 2022. Appellant pleaded
“not true” to the allegations in the State’s motion to revoke and proceeded to a contested hearing.
At no point during the revocation proceedings did Appellant challenge or place his identity at
issue.
The Court of Criminal Appeals has held that an appellant who fails to make his identity an
issue during probation revocation proceedings may not raise the issue for the first time on appeal.
Riera v. State, 662 S.W.2d 606, 607 (Tex. Crim. App. 1984); Barrow v. State, 505 S.W.2d 808,
810–11 (Tex. Crim. App. 1974).
Accordingly, the judgment of the trial court is affirmed.
Adrian A. Spears II, Justice
DO NOT PUBLISH
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