Cantu v. State (2011)

In Cantu v. State, 339 S.W.3d 688, 692 (Tex. App.--Fort Worth 2011, no pet.), officers responded to a report of shots fired at a bar and stopped the truck that the defendant was driving. Id. at 689. "Riding in the bed of the truck was a self-reported gang member." Id. The officers also found a loaded weapon near where the self-reported gang member had been riding in the truck bed. Id. The State petitioned to adjudicate Cantu's guilt, alleging that Cantu violated the conditions of his community supervision by "associating with a person of harmful or disreputable character and remaining in a vehicle with a firearm." Id. Holding that the evidence was sufficient to support the trial court's findings, the Court stated: "Viewed in the light most favorable to the judgment, the evidence shows that . . . within six inches of where Garza, a self-admitted gang member, was riding in the bed of the truck at the time it was stopped, officers found a loaded nine-millimeter handgun hidden under a bandana. It is undisputed that Appellant and Garza appeared to know each other. From this evidence, it is not outside the zone of reasonable disagreement for the trial court to have believed and found that it was more than likely that Appellant had known that Garza was a person of harmful or disreputable character or that Appellant had remained in a vehicle with a weapon. Either of these findings would support the trial court's order adjudicating Appellant's guilt and revoking his community supervision." Id. at 692.