Duke v. State

In Duke v. State, 2 S.W.3d 512 (Tex. App.-San Antonio 1999, no pet.) the San Antonio Court of Appeals did not find it to be an abuse of discretion for a trial court to revoke appellant's probation because there was an intentional failure to pay fees. In Duke, appellant owed court costs, administrative fees, and court- appointed attorney fees. See id. In addition, he had to perform community service or "community restitution." See id. Appellant did not make any payments and did not perform any community service. The court upheld the revocation of probation, noting that based on the evidence introduced, appellant could have made a partial payment or could have at least made a good faith effort to attempt some payments. See id.