Sterling v. State, 791 S.W.2d 274 (Tex. App. 1990). · Go Syfert
Sterling v. State, 791 S.W.2d 274 (Tex. App. 1990). Cases Citing This Book View Copy Cite
69 citation events (59 in the last 25 years) across 8 distinct courts.
Strongest positive: James Douglas Young v. Commonwealth of Kentucky (ky, 2020-12-11)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
examined Cited as authority (quoted) James Douglas Young v. Commonwealth of Kentucky
Ky. · 2020 · quote attribution · 1 verbatim quote · confidence low
the court found that the evidence was sufficient to support the trial court's finding, stating: 'a person who is familiar with a substance may identify it. an expert may identify a controlled substance without chemical analysis.
discussed Cited as authority (rule) Nathaniel Kyle Furstonberg v. the State of Texas
Tex. App. · 2022 · confidence medium
See, e.g., Knight v. State, 457 S.W.3d 192 , 199–200 (Tex. App.—El Paso 2015, pet. ref’d); Smith v. State, No. 06-13-00185-CR, 2014 WL 1379640 , at *2 (Tex. App.— Texarkana Apr. 8, 2014, no pet.); Woods v. State, Nos. 14-07-00940-CR, 14-07-00941- CR, 2009 WL 1975547 , at *8 (Tex. App.—Houston [14th Dist.] July 9, 2009, pet. ref’d); Shaffer v. State, 184 S.W.3d 353, 361 (Tex. App.—Fort Worth 2006, pet. ref’d); Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi–Edinburg 1990, pet. ref’d) (“An expert may identify a controlled substance without chemical analys…
discussed Cited as authority (rule) Justin Tyler Caesar v. the State of Texas
Tex. App. · 2021 · confidence medium
P. 47.1; Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi–Edinburg 1990, pet. ref’d) (declining to address revocation violations challenged on appeal where appellant failed to contest “each ground on which the trial court relie[d]” and evidence was sufficient to support the unchallenged violations); see also Miranda v. State, No. 13-19-00314-CR, 2020 WL 5050637 , at *2 (Tex. App.—Corpus Christi–Edinburg Aug. 20, 2020, no pet.) (mem. op., not designated for publication) (same).
discussed Cited as authority (rule) Ismael Miranda Jr. v. State
Tex. App. · 2020 · confidence medium
App. 2012); Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi–Edinburg 1990, pet. ref’d) (requiring that to obtain reversal of a 5 revocation order, appellant must successfully challenge each and every ground on which the trial court relied to support revocation); Perez, 2015 WL 4234236 , at *4 (same).
examined Cited as authority (rule) Amberson v. State (3×) also: Cited "see"
Tex. App. · 2018 · signal: cf. · confidence medium
Cf. Sterling , 791 S.W.2d at 277 (holding that a person who is familiar with a substance, such as a pharmacist, may identify it).
discussed Cited as authority (rule) People v. Mooring
Cal. Ct. App. · 2017 · confidence medium
(Ky. 2011) 331 S.W.3d 249, 254-255 ) [sufficient evidence supported conviction for trafficking in a controlled substance, in part because two “fully-qualified” chemists “visually identified” the drug by relating that “based upon the shape, color, and markings, the drug visually appeared to be alprazolam”]); State v. Carter (La.Ct.App. 2008) 981 So.2d 734, 744 [expert in forensic chemistry identified the “green pills” as containing hydrocodone by performing a “visual inspection and comparison with pictures in a book”]; State v. Stank (Wis.Ct.App. 2005) 708 N.W.2d 43, 54-55 […
discussed Cited as authority (rule) People v. Mooring
Cal. Ct. App. · 2017 · confidence medium
(Ky. 2011) 331 S.W.3d 249, 254-255 ) [sufficient evidence supported conviction for trafficking in a controlled substance, in part because two “fully-qualified” chemists “visually identified” the drug by relating that “based upon the shape, color, and markings, the drug visually appeared to be alprazolam”]); State v. Carter (La.Ct.App. 2008) 981 So.2d 734, 744 [expert in forensic chemistry identified the “green pills” as containing hydrocodone by performing a “visual inspection and comparison with pictures in a book”]; State v. Stank (Wis.Ct.App. 2005) 708 N.W.2d 43, 54-55 […
cited Cited as authority (rule) Germany Roshawn Johnson v. State
Tex. App. · 2016 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d).
cited Cited as authority (rule) Todd Wendland v. State
Tex. App. · 2016 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
discussed Cited as authority (rule) John Douglas Houston v. State
Tex. App. · 2015 · confidence medium
See Smith, 286 S.W.3d at 342-43 ; Sterling v. State, 791 S.W.2d 274, 277 (Tex. App. -- Corpus Christi 1990, pet. ref’d) (citing Moore); Joseph v. State, 3 S.W.3d 627, 640 (Tex. App. -- Houston [14th Dist.] 1999, no pet.); Harris v. State, 160 S.W.3d 621, 626 (Tex. App. -- Waco 2005, pet. struck).
cited Cited as authority (rule) Jose Angel Perez v. State
Tex. App. · 2015 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref'd) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
cited Cited as authority (rule) Kenneth Gilmore v. State
Tex. App. · 2014 · confidence medium
See Smith, 286 S.W.3d at 342–43; Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.— Corpus Christi 1990, pet. ref'd) (en banc).
discussed Cited as authority (rule) James Robert Hughes v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
discussed Cited as authority (rule) The People v. Bolen CA1/5
Cal. Ct. App. · 2013 · confidence medium
App. 2008) 981 So.2d 734, 744 [expert in forensic chemistry identified the “green pills” as containing hydrocodone by performing a “visual inspection and comparison with pictures in a book”]; Sterling v. State (Tex. App. 1990) 791 S.W.2d 274, 277 [pharmacist testified tablets were diazepam based on their appearance and markings]; State v. Stank (Wis. App. 2005) 708 N.W.2d 43, 55 (Stank) [forensic scientist identified a pill as Oxycontin by, among other things, using a Physician’s Desk Reference.) According to appellant, the rationale from Sonleitner and Marinos does not apply here be…
cited Cited as authority (rule) Louis Baladez v. State
Tex. App. · 2013 · confidence medium
App. 1980) (panel op.); Sterling v. State, 791 S.W.2d 274, 276 (Tex. App.—Corpus Christi 1990, pet. ref’d).
cited Cited as authority (rule) James Robert Hughes v. State
Tex. App. · 2013 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
discussed Cited as authority (rule) Wallace v. State
Ala. Crim. App. · 2013 · confidence medium
See also United States v. Walters, 904 F.2d 765, 770 (1st Cir.1990) (“Proof based on scientific analysis or expert testimony is not required to prove the illicit nature of a substance, and identification of a substance as a drug may be based on the opinion of a knowledgeable lay per son.”); United States v. Scott, 725 F.2d 43, 45 (4th Cir.1984) (“[L]ay testimony and circumstantial evidence may be sufficient, without the introduction of an expert chemical analysis, to establish the identity of the substance involved in an alleged narcotics transaction.”); State v. Hernandez, 85 Wash.App…
cited Cited as authority (rule) Marilyn Latimer Wiley v. State
Tex. App. · 2012 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref'd) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
cited Cited as authority (rule) Norman Ambrose Carroll v. State of Texas
Tex. App. · 2011 · confidence medium
App. 1980); Sterling v. State, 791 S.W.2d 274, 276 (Tex. App.—Corpus Christi 1990, pet. ref’d).
cited Cited as authority (rule) Tammy Lindsey v. State
Tex. App. · 2011 · confidence medium
Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref'd) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim.
discussed Cited as authority (rule) Jones v. Commonwealth (2×)
Ky. · 2011 · confidence medium
An expert may identify a controlled substance without chemical analysis." Id. at 277 (internal citations omitted).
discussed Cited as authority (rule) Victor Borchick v. State
Tex. App. · 2009 · confidence medium
At most, however, Borchick challenges the court’s findings with regard to only five of the seven violations found by the court.1 “To obtain reversal for insufficiency of the evidence in a probation revocation case, a defendant must successfully challenge each ground on which the trial court relies, because one sufficient ground supports the trial court’s order.” Anderson v. State, No. 10-07-00294-CR, 2008 WL 3506875 , at *1 (Tex. App.—Waco Aug. 13, 2008, no pet.) (quoting Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore v. State, 60…
discussed Cited as authority (rule) Brian Robert Kotara v. State
Tex. App. · 2009 · confidence medium
Indeed, the State notes correctly that "a plea may be induced by promise of recommendation of a lenient sentence or a reduction of charges, and . . . it is also permissible, in the plea context, to confront a defendant with a risk of more severe punishment." Sterling v. State , 791 S.W.2d 274, 278 (Tex. App.-Corpus Christi 1990, pet. ref'd) (citing Bordenkircher v. Hayes , 434 U.S. 357, 364 (1978)).
discussed Cited as authority (rule) Brian Robert Kotara v. State
Tex. App. · 2009 · confidence medium
Indeed, the State notes correctly that “a plea may be induced by promise of recommendation of a lenient sentence or a reduction of charges, and . . . it is also permissible, in the plea context, to confront a defendant with a risk of more severe punishment.” Sterling v. State, 791 S.W.2d 274, 278 (Tex. App.–Corpus Christi 1990, pet. ref’d) (citing Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)).
cited Cited as authority (rule) State v. Carter
La. Ct. App. · 2008 · confidence medium
An expert may identify a controlled substance without chemical analysis." Id. at 277 (citations omitted).
discussed Cited as authority (rule) Gerald Wayne Jones v. State
Tex. App. · 2005 · confidence medium
Thus, upon revocation of probation, the trial court could impose sentences consecutively rather than concurrently.” Sterling v. State , 791 S.W.2d 274, 278 (Tex. App.—Corpus Christi 1990, pet ref’d) (citations omitted).
discussed Cited as authority (rule) Gerald Wayne Jones v. State
Tex. App. · 2005 · confidence medium
Thus, upon revocation of probation, the trial court could impose sentences consecutively rather than concurrently.” Sterling v. State , 791 S.W.2d 274, 278 (Tex. App.—Corpus Christi 1990, pet ref’d) (citations omitted).
cited Cited as authority (rule) Joel Zamora v. State of Texas
Tex. App. · 2004 · confidence medium
App. 1980); Sterling v. State , 791 S.W.2d 274, 276 (Tex. App.-Corpus Christi 1990, pet. ref'd.).
cited Cited as authority (rule) State v. Herndon
Tex. App. · 2003 · confidence medium
Sterling v. State, 791 S.W.2d 274, 276 (Tex.App.-Corpus Christi 1990, pet. ref'd); Balderas Cortez v. State, 735 S.W.2d 294, 301 (Tex.App.Dallas 1987, no pet.).
cited Cited as authority (rule) State v. Ronald Herndon
Tex. App. · 2003 · confidence medium
Sterling v. State , 791 S.W.2d 274, 276 (Tex. App.-Corpus Christi 1990, pet. ref'd); Balderas Cortez v. State , 735 S.W.2d 294, 301 (Tex. App.-Dallas 1987, no pet.).
cited Cited as authority (rule) Joseph Hulbert v. State
Tex. App. · 2003 · confidence medium
App. 1980); Sterling v. State , 791 S.W.2d 274, 276 (Tex. App.-Corpus Christi 1990, pet. ref'd).
cited Cited as authority (rule) Miller, Brenda Ann v. State
Tex. App. · 2003 · confidence medium
App. 1975); Sterling v. State , 791 S.W.2d 274, 277-78 (Tex. App.--Corpus Christi 1990, pet. ref'd).
cited Cited as authority (rule) Miller, Brenda Ann v. State
Tex. App. · 2003 · confidence medium
App. 1975); Sterling v. State , 791 S.W.2d 274, 277-78 (Tex. App.--Corpus Christi 1990, pet. ref'd).
cited Cited as authority (rule) State v. Mario Wade
Tex. App. · 1999 · confidence medium
App. 1983); Sterling v. State , 791 S.W.2d 274, 276 (Tex. App.--Corpus Christi 1990, pet. ref'd). ice.
cited Cited as authority (rule) Pettigrew v. State
Tex. App. · 1999 · confidence medium
Cardona v. State, 665 S.W.2d 492, 493 (Tex.Cr.App.1984); Sterling v. State, 791 S.W.2d 274, 277 (Tex. App. — Corpus Christi 1990, pet. refd).
cited Cited as authority (rule) State v. Heath
Vt. · 1994 · confidence medium
Thus, the court can grant a new trial when it “has any doubt about the fairness or impartiality of a trial.” Sterling v. State, 791 S.W.2d 274, 276 (Tex. Ct. App. 1990).
discussed Cited as authority (rule) State v. Charlton
Tex. App. · 1993 · confidence medium
Appellee cites Sterling v. State, 791 S.W.2d 274, 276 (Tex.App.—Corpus Christi 1990, pet. ref’d), for the proposition that “[i]t is a trial court’s duty to order a new trial when it has any doubt about the fairness or impartiality of a trial.” Sterling was not a rule 30(b)(9) case, such as we have before us.
cited Cited as authority (rule) Burns v. State
Tex. App. · 1992 · confidence medium
See McCullar v. State, 676 S.W.2d 587, 588 (Tex.Crim.App.1984); Sterling v. State, 791 S.W.2d 274, 278 (Tex.App.—Corpus Christi 1990, no pet.).
cited Cited as authority (rule) State v. Evans
Tex. App. · 1992 · confidence medium
See Spivey v. State, 140 Tex.Cr. 107 , 143 S.W.2d 386, 387 (1940); Sterling v. State, 791 S.W.2d 274, 276 (Tex.App.—Corpus Christi 1990, pet. ref’d).
discussed Cited as authority (rule) Nance v. State
Tex. App. · 1991 · confidence medium
Dillon v. State, 574 S.W.2d 92, 94 (Tex.Crim.App.1978); Sterling v. State, 791 S.W.2d 274, 277 (Tex.App. — Corpus Christi 1990, pet. ref'd); Kohler v. State, 713 S.W.2d 141, 144 (Tex.App. — Corpus Christi 1986, pet. ref’d).
discussed Cited "see" Ezekiel Ramirez v. the State of Texas
Tex. App. · 2025 · signal: see · confidence high
See Sterling v. State, 791 S.W.2d 274, 278 (Tex. App.—Corpus Christi–Edinburg May 24, 1990, pet ref’d) (“A presumption of vindictiveness . . . may be overcome by specific findings or objective information.”); see also Gonzales, 2021 WL 1537464 , at *11 (“When the presumption applies, ‘it can be overcome by objective evidence in the record justifying the prosector’s action.’”) (citing Neal, 150 S.W.3d at 174 ); cf. Delgado v. State, No. 13-07-00382-CR (Tex. App.—Corpus Christi–Edinburg June 4, 2009) (mem. op., not designated for publication) (“A subjective denial by th…
cited Cited "see" Elizondo v. State
Tex. App. · 1998 · signal: see · confidence high
See Sterling v. State, 791 S.W.2d 274, 277 (Tex.App. — Corpus Christi 1990, pet. refd) (finding revocation valid on basis of single ground, without considering others).
cited Cited "see, e.g." Michael Manuel Perez v. State
Tex. App. · 2015 · signal: see also · confidence low
Goodwin, 457 U.S. at 380–81; see also Sterling, 791 S.W.2d at 277–78.
cited Cited "see, e.g." Stacy Donnell Merritt v. State
Tex. App. · 2013 · signal: see also · confidence medium
See Moore, 605 S.W.2d at 926 ; see also Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore, 605 S .W.2d at 926).
cited Cited "see, e.g." Kerry Wagner v. State
Tex. App. · 2012 · signal: see also · confidence medium
See Moore, 605 S.W.2d at 926 ; see also Sterling v. State, 791 S.W.2d 274, 277 (Tex. App.—Corpus Christi 1990, pet. ref’d) (citing Moore, 605 S.W.2d at 926 ).
Retrieving the full opinion text from the archive…
William E. STERLING, Appellant,
v.
the STATE of Texas, Appellee
13-89-291-CR.
Court of Appeals of Texas.
May 24, 1990.
791 S.W.2d 274
Ken McLean, Houston, for appellant., Mark R. Kelly, Criminal Dist. Atty., Port Lavaca, for appellee.
Seerden, Keys.
Cited by 57 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Kentucky Supreme Court (1)

OPINION

SEERDEN, Justice.

Appellant pleaded guilty to forgery of a check, and, pursuant to a plea bargain, the trial court assessed ten years’ imprisonment, probated for ten years, a $500 fine, court costs, and $230 restitution. By eleven points of error, appellant challenges the revocation of probation and the “stacking” of his sentence with that in a conviction for a credit card offense. We affirm the trial court’s judgment.

On August 1,1988, the trial court accepted appellant’s guilty plea and, pursuant to a plea bargain by which the State abandoned the" enhancement paragraphs, sentenced him, and put him on probation. (The State filed a petition to revoke probation on August 8. On October 3, the petition was withdrawn after appellant agreed to a modification of probation terms.) On May 4, 1989, the State filed a petition to revoke probation. On June 29, 1989, the trial court accepted appellant’s plea which was received as a result of a plea bargain. Appellant agreed to plead true and receive a ten-year sentence so long as it would run concurrently with another sentence, received in trial court case no. 89-4-3863. The next day, however, appellant wrote the trial court requesting that it accept a “withdrawal” of his plea, alleging that the agreement reached there was not exactly the one he had bargained for with the State, but that the State had added to it. The trial court granted his motion and granted a new trial on July 5, 1989.

On July 13, 1989, with another judge presiding, appellant pleaded not true, but the trial court found that he violated the terms of probation, and sentenced him to ten years’ imprisonment to begin after he completed the 30-year term he had received in a jury trial of cause no. 89-4-3863 on June 28, 1989.

By point one, appellant alleges that the trial court abused its discretion when it allowed him to withdraw his plea by a letter which he claims did not conform to Tex.R.App.P. 30. Appellant asserts that evidence must support a motion to withdraw a plea or for a new trial, that his letter was not evidence, and further, that it encompassed no reason in law for withdrawing the plea and granting a new trial. He also contends that the trial court should have advised him of all of the possible consequences of rescinding a negotiated plea.

Appellant’s letter specifically requests that the trial court accept the “withdrawal” of the plea of true and asserts that the agreement in court was not the same as his written agreement because the State had added to it. He asks the trial court to read it and to recall his reluctance at the hearing. Later in the letter, he states, “I realize I would be taking a chance withdrawing said plea, but this agreement is not what I agreed to.”

[*276] When a motion states grounds that would entitle an accused to a new trial, it is to be considered a motion for new trial, regardless of its title. Spivey v. State, 140 Tex.Cr.R. 107, 143 S.W.2d 386, 387 (1940); Balderas Cortez v. State, 735 S.W.2d 294, 301 (Tex.App.—Dallas 1987, no pet.). Whether to grant a new trial is a matter within the trial court’s discretion. State v. Daniels, 761 S.W.2d 42, 44 (Tex.App.—Austin 1988, pet. ref’d). Tex.R. App.P. 30(b)(2) directs the granting of a new trial when the trial court has committed “material error calculated to injure the rights of the accused.” It is a trial court’s duty to award a new trial when it has any doubt about the fairness or impartiality of a trial. Ruth v. State, 522 S.W.2d 517, 519 (Tex.Crim.App.1975); Bennett v. State, 677 S.W.2d 121, 129 (Tex.App.—Houston [14th Dist.] 1984, no pet.).

It is not necessary to support a motion for new trial with affidavits when the matters relied on to support the motion are already in the record. Daniels, 761 S.W.2d at 44. Similarly, because the trial court could determine the allegations from the record, its failure to conduct a hearing was not error. See Darrington v. State, 623 S.W.2d 414, 416 (Tex.Crim.App.1981); Daniels, 761 S.W.2d at 44. Appellant cites four cases in which the trial court denied a motion for new trial and the appellate court opined that evidence supporting the defendant’s claims was lacking. Here, the trial court did not deny a new trial but exercised its discretion in granting a new trial at appellant’s request. Moreover, appellant cited cases involving allegations of jury misconduct, of newly discovered evidence, and of ineffectiveness of counsel, and were based on facts not already in the record. They are not applicable in this case.

Tex.R.App.P. 32 provides that the granting of a new trial restores a party to his former position. At the June 29, 1989, hearing, the trial court explained the range of punishment. Appellant had bargained with the State that the sentence be cumu-lated with that in another cause. Appellant could hardly expect to rescind his part of the bargain but hold the State to its part. Moreover, it was appellant, and not the State, that requested the new trial. A party cannot invite error and then complain of it on appeal. Capistran v. State, 759 S.W.2d 121, 124 and 126 (Tex.Crim.App.1982); Cadd v. State, 587 S.W.2d 736, 741 (Tex.Crim.App.1979); Quevedo v. State, 661 S.W.2d 321, 322 (Tex.App.—Corpus Christi 1983, pet ref'd). We overrule point one.

The State’s petition to revoke probation alleged violations in ten paragraphs. The Order Revoking Probation indicates findings of violation of paragraphs 2, 3, 5, 6, 7, 8, 9, and 10. Appellant’s points 2, 3, 4, 5, 8, 9, 10, and 11 contest findings on paragraphs 7, 8, 9, 10, 6, 3, 2, and 5 respectively. The terms of appellant’s probation included that he not violate Texas law. By point nine, appellant argues that the trial court abused its discretion in sustaining the State’s claim in paragraph 3, that he possessed a syringe and bottle cap cooker with intent to use them to inject heroin, and by point ten, he argues that the trial court abused its discretion in sustaining the State’s claim in paragraph 2, that he possessed diazepam, a controlled substance, in an amount of less than 200 grams. See Tex. Health and Safety Code §§ 481.-002(17)(H) and (K), 481.104(a)(2), 481.117(a) and (b), 481.125(a) (Vernon Pamph. 1990).

The burden of proof in a probation revocation hearing is by a preponderance of the evidence. Cardona v. State, 665 S.W.2d 492, 493 (Tex.Crim.App.1984); see Harkins v. State, 782 S.W.2d 20, 22 (Tex.App.—Fort Worth 1989, no pet.). In a probation revocation hearing, the trial court is the sole factfinder, and we view the evidence in the light most favorable to its decision. Alford v. State, 676 S.W.2d 199, 201 (Tex.App.—Corpus Christi 1984, no pet.). The only question on appeal is whether the trial court abused its discretion. Cardona, 665 S.W.2d at 493. Violation of a single condition of probation will support its revocation. Moore v. State, 605 S.W.2d 924, 926 (Tex.Crim.App.1980).

In his brief, appellant concedes that Officer Simpson found narcotic paraphernalia in his possession, as well as what he[*277] believed to be 12 diazepam or valium tablets. He complains that a pharmacist testified that the tablets were valium, or diazep-am, based on their appearance, and that the State introduced no chemical analysis. He also complains that no evidence shows that he intended to use the paraphernalia to inject heroin.

Simpson testified that in appellant’s shirt pocket, he found 12 valium tablets, a syringe, a fingernail cleaning tool with a flat spoon on one side, and a leather pouch containing a bottle cap and a small piece of cotton in a glass tube. He explained the use of these items to prepare and inject heroin. Simpson testified that valium is diazepam. On cross-examination, Simpson explained that his knowledge of the use of the items for injecting heroin was based on six years’ experience conversing with persons who inject heroin and observing people prepare and inject heroin.

John L. Dodd, a licensed pharmacist, testified that it was part of his profession to identify medication which the Texas Controlled Substances Act requires to be dispensed by prescription. Dodd identified the pills based on their appearance and markings. He identified the pills as valium and testified that the chemical name is diazepam, that it is a controlled substance, that he has dispensed them through his pharmacy, and that the pills in the State’s exhibit would have a total weight of less than 200 grams.

A person who is familiar with a substance may identify it. See Tex.R.Crim. Evid. 602 (Vernon Supp.1990). An expert may identify a controlled substance without chemical analysis. See Campos v. State, 716 S.W.2d 584, 588 (Tex.App.—Corpus Christi 1986, no pet.) (police officer identified marihuana based on experience). Circumstantial evidence is generally relied on and is sufficient to prove a required mental state. Kohler v. State, 713 S.W.2d 141, 144 (Tex.Crim.App.1986, pet. ref’d). The evidence was sufficient to support the trial court’s findings. We overrule points nine and ten.

To obtain reversal for insufficiency of the evidence in a probation revocation case, a defendant must successfully challenge each ground on which the trial court relies, because one sufficient ground supports the trial court’s order. Moore v. State, 605 S.W.2d 924, 926 (Tex.Crim.App.1980); Grim v. State, 656 S.W.2d 542, 543 (Tex.App.—Corpus Christi 1983, no pet.). Since we have found the evidence sufficient to support a violation, points 2, 3, 4, 5, 8, and 11 are not dispositive. We need not address them. See Tex.R.App.P. 90(a).

Points six and seven allege violations of Tex. Const, art. I, § 19 and U.S. Const, amend. XIV. By point six, appellant asserts that his sentence is the direct result of prosecutorial vindictiveness, in that after he obtained his “new trial,” the prosecutor successfully sought to have his sentence cumulated (“stacked”), to run consecutively, rather than concurrently, with another sentence. By point seven, appellant claims that no findings justified the increase in punishment at his retrial.

Appellant asks us to accept the assumption that his letter request to withdraw the plea is the functional equivalent of attempting to appeal. The part of the bargain to which appellant objected in his letter was the State’s alleged addition to the terms. On the plea of true, a handwritten addition denies appellant the right to an appeal or to any collateral attack on the conviction.

Appellant cites, in his attack on the sentence, Texas v. McCullough, 475 U.S. 134, 106 S.Ct. 976, 89 L.Ed.2d 104 (1986); Wasman v. United States, 468 U.S. 559, 104 S.Ct. 3217, 82 L.Ed.2d 424 (1984); Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974); and North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). None of those cases, however, involve rejection of a plea bargain or a “new trial” on whether to revoke probation. (McCullough attacks a sentence on retrial after grant of new trial, Wasman attacks a sentence on retrial after successful appeal, Blackledge involves reindictment on a more serious charge following notice of appeal, and Pearce attacks a sentence on retrial after post-conviction relief.)

[*278] A defendant’s rejection of a plea bargain is discussed in United States v. Goodwin, 457 U.S. 368, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982), and in Bordenkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604, reh’g denied, 435 U.S. 918, 98 S.Ct. 1477, 55 L.Ed.2d 511 (1978). Those cases differ from this one in that the prosecutors rein-dicted the defendants on more serious charges following their rejections of plea bargains, while in this case, the allegations remained the same but the prosecutor obtained a harsher application of the sentence. The U.S. Supreme Court refused to presume vindictiveness, however, pointing out the difference between unilateral imposition of a penalty as a response to a defendant’s exercise of his rights and the “give- and-take negotiation common in plea bargaining between the prosecution and defense, which arguably possess relatively equal bargaining power.” Bordenkircher, 434 U.S. at 362, 98 S.Ct. at 667. Borden-kircher recognized that a plea may be induced by promise of recommendation of a lenient sentence or a reduction of charges, and that it is also permissible, in the plea context, to confront a defendant with a risk of more severe punishment. Bordenkircher, 434 U.S. at 364, 98 S.Ct. at 668. Apparently, the prosecutor’s actions in Borden-kircher and Goodtvin were proper exercises of prosecutorial discretion. Goodwin, 457 U.S. at 380, n. 12, 102 S.Ct. at 2492, n. 12.

This case differs from Bordenkircher and Goodwin in another way favorable to the State. We point out that the sentence was assessed before the trial court granted probation. When sentence is imposed, the trial court may or may not cumulate sentences, in its discretion. McCullar v. State, 676 S.W.2d 587, 588 (Tex.Crim.App.1984); Tex.Code Crim.Proc.Ann. art. 42.08 (Vernon Supp.1990); see Ybanez v. State, 770 S.W.2d 106, 107 (Tex.App.—Corpus Christi 1989, pet. ref’d). Sentence is not imposed until probation is revoked. McCullar, 676 S.W.2d at 588; Tex.Code Crim.Proc.Ann. art. 42.12 § 8(a) (Vernon Supp.1990). Thus, upon revocation of probation, the trial court could impose sentences consecutively rather than concurrently. McCullar, 676 S.W.2d at 588; Gordon v. State, 575 S.W.2d 529, 535 (Tex.Crim.App.1979).

When appellant bargained with the State to plead true, the State agreed to recommend that the sentence be concurrent with that imposed for a subsequent conviction. The trial court accepted the bargain. After it granted the new trial at appellant’s request, however, there was no bargain. The State was free to seek consecutive sentencing, and the judge was free to impose it, as it might have in the first place without the bargain.

Moreover, when appellant pleaded true, he pleaded to paragraphs 4, 6, 7, 8, 9, and 10. These alleged that he left the county without permission, failed to report, and failed to pay fees. After the hearing (“new trial”) on whether to revoke probation, the trial court found violations of paragraphs, 2, 3, 5, 6, 7, 8, 9, and 10. Paragraphs 2 and 3 alleged that appellant possessed a controlled substance and paraphernalia. This was evidence of an additional offense appellant committed while on probation, besides the credit card conviction on which the judge stacked this sentence. Thus, after the full hearing (or retrial), the judge had additional grounds on which to base not only his revocation but also his decision to stack the sentence.

Assuming arguendo that the trial court increased appellant’s sentence on “retrial,” this is a situation in which the increase was justified by additional information. A presumption of vindictiveness (which does not apply here) may be overcome by specific findings or objective information. McCullough, 475 U.S. at 142, 106 S.Ct. at 981; Wasman, 468 U.S. at 565-66, 104 S.Ct. at 3221-22; see Ex parte Bates, 640 S.W.2d 894, 899 (Tex.Crim.App.1982).

Moreover, the judge at the “retrial” was not the same one who accepted the plea of true at the prior proceeding. Thus, the trial judge had no personal stake in the prior conviction. See Chaffin v. Stynchcombe, 412 U.S. 17, 27, 93 S.Ct. 1977, 1983, 36 L.Ed.2d 714 (1973); McCullough, 475 U.S. at 140 n. 3, 106 S.Ct. at 980 n. 3;[*279] Jackson v. State, 766 S.W.2d 518, 521 (Tex.Crim.App.1988).

Appellant has failed to show actual vindictiveness, or that the plea bargain did not account for the difference in the sentence as imposed. We overrule points six and seven.

We AFFIRM the trial court’s judgment.

KEYS, J., not participating.