## Facts

- Donnell Hartsfield, a juvenile, had previously been adjudicated delinquent in the Domestic Relations Court of Smith County, Texas, and was placed on juvenile probation subject to court-ordered conditions.
- The State filed a petition under Tex. Family Code § 54.05 to modify the prior disposition, alleging Hartsfield violated the terms of probation by engaging in delinquent conduct while on probation.
- The asserted violation arose from an encounter with a peace officer during an attempted arrest, in which the State’s evidence described Hartsfield as using physical contact against the officer (including striking or knocking at the officer’s arms) in a manner consistent with resisting the officer’s efforts.
- At the modification hearing, witnesses gave conflicting accounts about what occurred and whether Hartsfield’s actions amounted to a probation violation based on delinquent conduct.
- After hearing the evidence, the juvenile court found the alleged probation violation true, revoked probation, and on October 22, 1974 committed Hartsfield to the Texas Youth Council.
- Hartsfield appealed, challenging the sufficiency of the evidence supporting the modification order.

## Issues

1. Whether, in a juvenile proceeding to modify a prior disposition under Tex. Family Code § 54.05, the State must prove the alleged probation violation beyond a reasonable doubt.
2. Whether the evidence, considered as a whole, was sufficient for the trial court to find beyond a reasonable doubt that Hartsfield violated probation, warranting revocation and commitment to the Texas Youth Council.

## Decision

- The court of civil appeals affirmed the order modifying the prior juvenile disposition.
- The court applied a beyond-a-reasonable-doubt standard to the proof required in a § 54.05 modification proceeding and reviewed whether the record as a whole showed that burden was met.
- The court held the evidence was sufficient to support the trial court’s finding that Hartsfield violated a condition of probation based on the described conduct during the attempted arrest.
- Conflicts in testimony and assessments of witness credibility were for the trial court, which observed the witnesses and could accept the State’s version of events.

## Legal Principles

- In a proceeding under Tex. Family Code § 54.05 to modify a prior juvenile disposition by revoking probation and committing the juvenile, the State must prove the alleged violation beyond a reasonable doubt.
- On appellate review of a § 54.05 modification order, the reviewing court examines the evidence as a whole to determine whether the State carried its beyond-a-reasonable-doubt burden.
- The trial court, as factfinder in the modification hearing, may believe or disbelieve all or part of any witness’s testimony; appellate courts do not re-try credibility disputes.
- Evidence of physical interference with an officer during an attempted arrest may support a finding of delinquent conduct and a probation violation when the trial court finds the testimony proving that conduct credible beyond a reasonable doubt.

## Conclusion

The court affirmed Hartsfield’s probation revocation and Texas Youth Council commitment because, under Tex. Family Code § 54.05, the State’s proof—viewed as a whole and credited by the trial court—was sufficient to establish beyond a reasonable doubt that he violated probation through conduct during an attempted arrest.


In the Matter of Hartsfield, 531 S.W.2d 149 (1975)