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Court finds violation true in Barton case; orders evaluation for felony drug court consideration
Summary
In a motion-to-revoke proceeding the court found a violation of condition true for Melissa Barton, denied immediate alteration of conditions, and ordered a TAP evaluation with an agreed recommendation to consider felony drug court admission; if not accepted, the case will proceed on standard status.
The court addressed a motion to revoke community supervision for Melissa Barton, who had been placed on deferred adjudication in a prior matter.
The state alleged a violation of condition number 2 (use of a controlled substance). The defendant pleaded true to that alleged violation. Probation and the state presented an agreed recommendation: keep Barton on deferred adjudication while ordering a TAP evaluation to determine eligibility for felony drug court; if she is not accepted into felony drug court, the court may proceed on standard status or other appropriate sanctions. The court denied a motion to immediately alter conditions but ordered that the defendant remain in custody for evaluation toward felony drug court consideration. Parties waived the right to appeal of the agreed recommendation.
Probation and defense counsel indicated recent steps (a new TAP evaluation requested and coordination with probation), and the court directed custody and evaluation procedures and set further proceedings as necessary.
