Fred Vega, III v. State
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Opinion
ACCEPTED 03-17-00876-CR 21666835 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/8/2018 11:25 AM JEFFREY D. KYLE CLERK NO. 03-17-00876-CR
FRED VEGA, III § IN THE THIRD FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS vs. § COURT OF APPEALS 1/8/2018 11:25:16 AM § JEFFREY D. KYLE THE STATE OF TEXAS § OF TEXAS Clerk
MOTION TO DISMISS
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves this Honorable Court to dismiss the Appeal related to FRED
VEGA III’s trial court cause number CR2017-162, and for good cause would show
the following:
I.
Appellant pled guilty to Possession with Intent to Deliver, Tampering with
Physical Evidence and Evading Arrest offenses committed on or about August 6,
2016. Judgments at 1, attached. Appellant entered into a signed plea agreement
with the State in which he waived his right to appeal from the judgment and
sentence. Plea Bargain Agreements at 3, attached. The Court followed the plea
agreements, sentencing Appellant to 30- and 20-year sentences years confinement
in TDCJ on November 20, 2017. In the trial court’s certification, signed by
Appellant and his counsel, the trial court noted the Appellant had no right of
appeal. Trial Court’s Certification at 1, attached.
1 II.
Appellant filed his untimely notice of appeal on December 29, 2017. As
agreed to in the plea and stated in the Trial Court’s Certification of Defendant’s
Right of Appeal, Appellant has waived the right of appeal and has no right of
appeal in this case. See Tex. R. App. P. 25.2(a)(2), (d); see also Blanco v. State, 18
S.W.3d 218, 220 (Tex. Crim. App. 2000) (finding no valid or compelling reason
defendant should not be held to his plea bargain waiver of his right to appeal). The
appeal should therefore be dismissed.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays that this Honorable Court dismiss FRED VEGA, III’s appeal.
Respectfully submitted,
/s/ Joshua D. Presley Joshua D. Presley, SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008
2 CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this Motion to Dismiss,
along with the following Appendix, has been sent to Appellant FRED VEGA III’s
attorney of record in this matter:
C. Wayne Huff cwhuff@aol.com P.O. Box 2334 Boerne, TX 78006
through efile.txcourts.gov electronic service to the foregoing email address on this,
the 8th day of January, 2018.
/s/ Joshua D. Presley Joshua D. Presley
APPENDIX
“A” – Certified Judgments of Conviction
“B” – Certified Plea Bargain Agreements
“C” – Certified Certificate of Right to Appeal
3 CASE No. CR2017-162 COUNT I INCIDENT No.fi'RN: 9213170882 TRS: A001
THE STATE OF TEXAS § IN THE DISTRICT COURTT § v. § 207Ttt JUDICIAL DISTRICT § FRED VEGA, III § COMAL COUNTY, TEXAS § STATE ID No.: TX-05691865 §
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL Dote Judgment Judge Presiding: HoN. BRUCE BOYER Entered: NOVEMBER 20, 2017 AUorney for Attorney for State: SAMMY MCCRARY Defendant: ANTHONY CANTRELL Offense for which Defendant Convicted: POSSESSION WITH INTENT TO DELIVER A CONTROLLED SUBSTANCE PG 1 > 1 GRAM< 4 GRAMS Chnrging InstntOIPnt: Statute for Offense: §481.112(c) HEALTH & SAFETY CODE I INDICTMENT §12.42(d) PENAL CODE Date of Offen ~~e: AUGUST 6 2016 Degree o(Offon...e; Plt>n to Offense: Findings on Deadly Weapon: SECOND DEGREE FELONY ENHANCED TO HABITUAL OFFENDER (30 YEARS TO 99 GUILTY N/A YEARS OR LIFE) Terms of Plea Bamain: THIRTY (30) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND $180.00 RESTITUTION Plcn to 1" Enhancement Paragraph: TRUE Findings on 1"' Enhancement Paragraph: TRUE Plea hl 2m1 Enhancement Paragraph: TRUE Findings on 2"d Enhancement Paragraph: TRUE Date Sentence Imposed: NOVEMBER 20, 2017 Date Sentence to Commence: NOVEMBER 20, 2017 Punishment and Place of Confinement: THIRTY (30) \'EARS CONFINEMENT IN THE INSTITUTIONAL DIVISION, TDCJ THIS SENTENCI!: SHALL IWN CONCURRENTLY. CJSENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT Pl..i\CED ON COMMUNITY SUPERVISION FOR N/A. Qout1 Cmts: Restitution: Restitution Payable to: 0 VICTIM (see below) l8J AGENCY/AGENT (see below) TEXAS DEPARTMENT OF PUBLIC $0.00 $400.00 $180.00 SAFETY RES1'1TUTION ACCOUNTING 1'.0 . UOX 4087 AUSTIN. TEXAS 78773-0130 AUS·l GOB·l •1770 Sex Offender Registration Requirements do not apply to the Defendant. Tl~:>.. CouE CRIM. PROC. chapter 62 The age of the victim at the time of the offense was N/A. If Pcfl!ndnnt j!l t.o f!Crvc HCDtcncc jo TDCJ. enter incarccro! ion orriod~ in cbronolo!tirnl order. Timo FROM 08106116 TO 08113116 03/07/17 TO 11120/17 Credited: This <:stllstJ was called for trial in COI\IAL County, Texas. The Stnte appeared by her District Attorney.
Counsel/Waiver of Counsel (select one)
~ Defendant appeared in person with Counsl'L
D Defendant knowingly, intelligently, nnd voluntarily waived the right to rnpmseut.ation by counsel in writing in open court. Both parties announced rcndy for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendnnt as required by lnw. ft nppent-cd to the Court that Defendant was mentally competent to stand t.rinl, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having hcnrd the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence agninst Defendant. The Court FINDS Defendant cmnmittetl the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Com't FINDS the Presentence Investigation, if so ordered, was done according to the Rpplicnble p1·ovisions of TEX. CoDE ClttM. Ptmc. art. 42.12 § 9. The Court OJtoERS Defendnnt punished us indicated abo\'O. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Ootlons (select one)
(8] Confinement in Stute Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the SheriiT of this County to take, safely convey, and deliver Defendnnt to the Director, INSTITUTIONAL DIV1SION, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendnnt remanded to the custody of the Sheriff of this county until the SheriiT can obey the directions of this sentence. The Court ORDERS thnt upon release from confinement, Defendant proceed immediately to the pnrnle and/ or probation department. Once there, the Court ORDERS Defendant to pny, ot· make arrangements to pay. any a-emaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Comnl County, Texas on the date the sentence is to commence. Defendant shall be confined in tho Comnl County Jail for the period indicated above. The Court ORDERS that upon release from confinement. Defendant shall proceed immediately to the N/A. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid finos, court costs, and restitution ns ordered by the Court above.
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ACCEPTED 03-17-00876-CR 21666835 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/8/2018 11:25 AM JEFFREY D. KYLE CLERK NO. 03-17-00876-CR
FRED VEGA, III § IN THE THIRD FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS vs. § COURT OF APPEALS 1/8/2018 11:25:16 AM § JEFFREY D. KYLE THE STATE OF TEXAS § OF TEXAS Clerk
MOTION TO DISMISS
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves this Honorable Court to dismiss the Appeal related to FRED
VEGA III’s trial court cause number CR2017-162, and for good cause would show
the following:
I.
Appellant pled guilty to Possession with Intent to Deliver, Tampering with
Physical Evidence and Evading Arrest offenses committed on or about August 6,
2016. Judgments at 1, attached. Appellant entered into a signed plea agreement
with the State in which he waived his right to appeal from the judgment and
sentence. Plea Bargain Agreements at 3, attached. The Court followed the plea
agreements, sentencing Appellant to 30- and 20-year sentences years confinement
in TDCJ on November 20, 2017. In the trial court’s certification, signed by
Appellant and his counsel, the trial court noted the Appellant had no right of
appeal. Trial Court’s Certification at 1, attached.
1 II.
Appellant filed his untimely notice of appeal on December 29, 2017. As
agreed to in the plea and stated in the Trial Court’s Certification of Defendant’s
Right of Appeal, Appellant has waived the right of appeal and has no right of
appeal in this case. See Tex. R. App. P. 25.2(a)(2), (d); see also Blanco v. State, 18
S.W.3d 218, 220 (Tex. Crim. App. 2000) (finding no valid or compelling reason
defendant should not be held to his plea bargain waiver of his right to appeal). The
appeal should therefore be dismissed.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays that this Honorable Court dismiss FRED VEGA, III’s appeal.
Respectfully submitted,
/s/ Joshua D. Presley Joshua D. Presley, SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008
2 CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this Motion to Dismiss,
along with the following Appendix, has been sent to Appellant FRED VEGA III’s
attorney of record in this matter:
C. Wayne Huff cwhuff@aol.com P.O. Box 2334 Boerne, TX 78006
through efile.txcourts.gov electronic service to the foregoing email address on this,
the 8th day of January, 2018.
/s/ Joshua D. Presley Joshua D. Presley
APPENDIX
“A” – Certified Judgments of Conviction
“B” – Certified Plea Bargain Agreements
“C” – Certified Certificate of Right to Appeal
3 CASE No. CR2017-162 COUNT I INCIDENT No.fi'RN: 9213170882 TRS: A001
THE STATE OF TEXAS § IN THE DISTRICT COURTT § v. § 207Ttt JUDICIAL DISTRICT § FRED VEGA, III § COMAL COUNTY, TEXAS § STATE ID No.: TX-05691865 §
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL Dote Judgment Judge Presiding: HoN. BRUCE BOYER Entered: NOVEMBER 20, 2017 AUorney for Attorney for State: SAMMY MCCRARY Defendant: ANTHONY CANTRELL Offense for which Defendant Convicted: POSSESSION WITH INTENT TO DELIVER A CONTROLLED SUBSTANCE PG 1 > 1 GRAM< 4 GRAMS Chnrging InstntOIPnt: Statute for Offense: §481.112(c) HEALTH & SAFETY CODE I INDICTMENT §12.42(d) PENAL CODE Date of Offen ~~e: AUGUST 6 2016 Degree o(Offon...e; Plt>n to Offense: Findings on Deadly Weapon: SECOND DEGREE FELONY ENHANCED TO HABITUAL OFFENDER (30 YEARS TO 99 GUILTY N/A YEARS OR LIFE) Terms of Plea Bamain: THIRTY (30) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND $180.00 RESTITUTION Plcn to 1" Enhancement Paragraph: TRUE Findings on 1"' Enhancement Paragraph: TRUE Plea hl 2m1 Enhancement Paragraph: TRUE Findings on 2"d Enhancement Paragraph: TRUE Date Sentence Imposed: NOVEMBER 20, 2017 Date Sentence to Commence: NOVEMBER 20, 2017 Punishment and Place of Confinement: THIRTY (30) \'EARS CONFINEMENT IN THE INSTITUTIONAL DIVISION, TDCJ THIS SENTENCI!: SHALL IWN CONCURRENTLY. CJSENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT Pl..i\CED ON COMMUNITY SUPERVISION FOR N/A. Qout1 Cmts: Restitution: Restitution Payable to: 0 VICTIM (see below) l8J AGENCY/AGENT (see below) TEXAS DEPARTMENT OF PUBLIC $0.00 $400.00 $180.00 SAFETY RES1'1TUTION ACCOUNTING 1'.0 . UOX 4087 AUSTIN. TEXAS 78773-0130 AUS·l GOB·l •1770 Sex Offender Registration Requirements do not apply to the Defendant. Tl~:>.. CouE CRIM. PROC. chapter 62 The age of the victim at the time of the offense was N/A. If Pcfl!ndnnt j!l t.o f!Crvc HCDtcncc jo TDCJ. enter incarccro! ion orriod~ in cbronolo!tirnl order. Timo FROM 08106116 TO 08113116 03/07/17 TO 11120/17 Credited: This <:stllstJ was called for trial in COI\IAL County, Texas. The Stnte appeared by her District Attorney.
Counsel/Waiver of Counsel (select one)
~ Defendant appeared in person with Counsl'L
D Defendant knowingly, intelligently, nnd voluntarily waived the right to rnpmseut.ation by counsel in writing in open court. Both parties announced rcndy for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendnnt as required by lnw. ft nppent-cd to the Court that Defendant was mentally competent to stand t.rinl, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having hcnrd the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence agninst Defendant. The Court FINDS Defendant cmnmittetl the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Com't FINDS the Presentence Investigation, if so ordered, was done according to the Rpplicnble p1·ovisions of TEX. CoDE ClttM. Ptmc. art. 42.12 § 9. The Court OJtoERS Defendnnt punished us indicated abo\'O. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Ootlons (select one)
(8] Confinement in Stute Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the SheriiT of this County to take, safely convey, and deliver Defendnnt to the Director, INSTITUTIONAL DIV1SION, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendnnt remanded to the custody of the Sheriff of this county until the SheriiT can obey the directions of this sentence. The Court ORDERS thnt upon release from confinement, Defendant proceed immediately to the pnrnle and/ or probation department. Once there, the Court ORDERS Defendant to pny, ot· make arrangements to pay. any a-emaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Comnl County, Texas on the date the sentence is to commence. Defendant shall be confined in tho Comnl County Jail for the period indicated above. The Court ORDERS that upon release from confinement. Defendant shall proceed immediately to the N/A. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid finos, court costs, and restitution ns ordered by the Court above.
0 Fine Only Payment. The punishment assessed against Defcndunl is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Comnl County N/A. Once there, the Court ORDERS Defendant to pay or make nrrnngements to pay all fines and court costs as ot•dea·ed by the Court in this cnuse.
Execution I Suspen11ion of Sentence (select one)
18} The Court ORDERS Defendant's sentence EXECUTED.
0 The Court ORDERS Dcfendnnt's sentence of confinement SUSPENDED. The Court. ORDERS Defendant placed on community supervision for the adjudged period (above) FlO long as Defendant abides by und does not violnto the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court 0RDEUS thnt Defendant is given Cl'edit noted nbove on this sentence for the time spent incarcerated. Approved ns to form und content:
Clerk: Heather Kellar Right Thumbprint CAUSE NO. ~~ Q._t::J \-'\ - \ lc ~
THE STATE OF TEXAS IN THE DISTRICT COURT VS OF COMAL COUNTY 207TH DISTRICT COURT
FINGERPRINT EXHffiiT
The fingerprint shown below is a print of the above named defendant's right thumb taken upon disposition of cause number noted above.
DEFENDANT'S RIGHT TIIUMB
EXHIBIT "A" FilED FOR RECYJ~D At q_'6£..a'cloc'/~ _M CASE No. CR2017-162 COUNT II NOV 2 9 2017 INCIDENT No.trRN: 9213170882 TRS: A002 HEATHER N. KELLAR 1:1 Fn~ IllS RICT COURT COM~ C !II TY. T£XAS THE STATE OF TEXAS § IN THE DISTRICT COURT a• mun § v. § 207TII JUDICIAL DISTRICT § FRED VEGA, III § CoMAL COUNTY, TEXAS § STATE ID No.: TX-06691865 §
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL Date Judgment .Judse Presiding: HoN. BRUCE BOYER Entered: NOVEMBER 20, 2017 Attorney for Attorney for State: SAMMY MCCRARY Defendant: ANTHONY CANTRELL Offense for whjch Defendant Convicted; TAMPERING WITH PHYSICAL EVIDENCE Chnr!!ing Instrument: Statute for Offense: INDICTMENT §37.09(c) I §12.42(d) PENAL CODE Date of Offense: AUGUST 6, 2016 Degree of Offense: Plea to Offense: Findings on Deadly Weapon: THIRD DEGREE FELONY ENHANCED TO HABITUAL OFFENDER (25 YEARS TO 99 GUILTY NIA YEARS OR LIFE) Terms of Plea Bargain: THIRTY (30) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Plea to 101 Enhancement Paragraph: TRUE Findings on 1•1 Enhancement Paragraph: TRUE Plea to 2 od Enhancement Paragraph: TRUE Findings on 2nd Enhancement Paragraph: TRUE Date Sentence Imposed: NOVEMBER 20, 2017 Date Sentence to Commence: NOVEMBER 20, 2017 Punishment and Place of Confinement: THIRTY (80) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY. 0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A. Fine: Court. Co!!ts: Roatitut.ion: Restitution Payable to; $0.00 $400.00 $0.00 0 VICTIM (sec below) 0 AGENCY/AGENT (see below) Sex Offender Registration Rcquh·emcnts do not npply to the Defendant. TEX. CODE CRI!\1. Puoc. chapter 62 The a ge of the victim at the time of the offense was N/A. If !)()fcndnnt js to seryc ®Dtcncv jn TPCJ, onl!!r jncnrcyrntiun pcri91~ in_~hronolm:icnl ordqr. Time FROM 08/0G/IG TO 08/13116 03/07/17 TO 11120/17 Credited: Ir Qcfendnnt js to !;I()rye wntqncc in \.'OIIn!Y jpjl or ;,. giVI'D r.n:tljt. !0\\'111'11 Gnqnnd CQl!!.!l. ynwr dnrs credited beJ.ID\:. N/ADAYS NOTES: N/A All pertinent InformAtion, nnmos and assessments Indicated above arc incorporated into the IRili(UAIO ofthe judgment bolow by reference,
This cause was called for t.1inl in COMAL County, Texas. The State appeared by her District Attorney. Counsel/ Waiver of Counsel (select one)
[gj Defendant apJlenred in Jltmmn with Counsel. 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
Both parties announced ready foa· trial. Defendant waived the •·ight of trial by jury anti entered the plea indicated above. The Court then admonished Defendant as required by law. It npJleared to the Court that Defendant wall mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence 1mbmittml, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.
The Court FINDS Defendant committed tho above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of tho above offense. The Coul't FINDS the Presentence Investigation, if so ordered, was done according to the upJIIicnble provisions of TEX. CODE CRJM. Pnoc. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and rcslltutJOn as indicated above.
Punishment Options (select one)
IZJ Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to t.1ke, safely convey, and delive1· Defendant to the Director, INSTITUTIONAL DIVISION, TDCJ. 'J'he Court ORDERS Defendant to be confined for the period nnd in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the parole and/ or probation department. Once there, the Court ORDERS Defendant to t)ny, or mnkc arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 County Jail-Confinement I Confinement in Lieu of Payment. The Court. ORDERS Defendant immediately committed to the custody of the Sheriff of Comnl County, Texas on the date the sentence is to commence. Defendant shall be confined in the Comnl County Juil for the period indicated above. The Court ORDERS thot upon release from confinement, Defendant shall proceed immediately to the N/A. Once there, the Court ORDEilS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 Fine Only Payment. The punishment assessed against Defendant is for 11 FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Comal County N/A. Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as o1·d ered by the Court in this cause.
Execution I Suspension of Sentence (select one)
[gj The Court ORDEilS Defendant's sentence EXECUTEll .
0 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged pe1iod (above) ~ long as Defendnnt abides by nnd docs not violate the tenns and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore. the following special findings or orders apply: N/A.
Signed and entered on this ~ '2017. STATE OF TEXAS COUNTY OF COMAL I rllfy this to be a true and correct of the record FILED & RECORDED · · t records of District ate an time stamped Approved as lo fonn nnd content:
Prosecutor
Clerk: Heather Kellar Right Thumbprint Flu RECOlJl.- At o'clock~ CASE No. CR2017-162 COUNT III NOV 2 9 2017 INCIDENT No./TRN: 9213170882 TRS: 0001
THE STATE OF TEXAS § § v. § 207TII JUDICIAL DISTRICT § FRED VEGA, III § COMAL COUNTY, TEXAS § STATE ID No.: TX-05691865 §
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL Date Judgment Judge Presiding: HoN. BRUCE BOYER Entored: NOVEMBER 20, 2017 Attorney for Attorney for State: SAMMY MCCRARY Dr.fr.ndnnt: ANTHONY CANTRELL Offense for which Defendant Convicted: EVADING ARREST WITH A PREVIOUS CONVICTION FOR THE SAME OFFENSE Chnrging Instrument: Statute fo1· Offense: INDICTMENT §38.04/ §12.425(b) PENAL CODE Dnte of Offense: AUGUST 6 2016 Degree of Offense: f!Lga to Offen11e; Findings on Deadly Weapon: STATE JAIL FELONY ENHANCED TO GUILTY N/A SECOND DEGREE FELONY Tenna of Plea Bnrg11in; TWENTY (20) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Plea to 1•1 Enhancement Paragraph: TRUE Findings on 1"1 Enhancement Paragt'a}lh: TRUE Plcn to 2"d Enhancement Paragraph: TRUE Findings on 2nd Enhancement Paragraph: TRUE Dnte Sentence lmJlosed: NOVEMBER 20, 2017 Date Sentence to Commence: NOVEMBER 20, 2017 Puni11hmcnt nnd Place of Confinament: 1WENTY (20) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION, TDCJ THIS SEN'rENCE SHALL RUN CONCURRENTLY. 0SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A Fine; Court C
This cause was called for trial in COMAL County, Texns. The State appenr,ed by her District Attorney. Counsel/ Waiver of Counsel (select one)
[81 Defendant ap(leared in person with Counsel. 0 Defendnnt knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. Both parties announced ready for tt·inl. Defendant waived the right of trial by jury uml entered the plea in!licated above. The Court then admonished Defendant ns required by law. It appeared to the Court that Defendant was mentally'competenL to stand trial. made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence suboaittcd, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above oCfense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable pa·ovisions ofTmc CoDE CJUM. Pnoc. art. 42.12 § 9. The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
[81 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the SheriCf of this County to take, safely convey, and deliver Defendant to the Director, INSTITUTIONAL DMSION, TDCJ. The Court ORDERS Defendant to be confined for the peraod and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant p1-oceed immediately to the parole and/ or probation department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court nbove.
0 County Jail- Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Coma) County, Texas on the date the sentence is to commence. Defendant shall be confined in the Coma) County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the N/A. Onro there, the Court. ORDERS Defendnnt to pay, or mnlce nrrnngements to pay, any remaining unpaid fines, court costs, nod restitution as ordered by the Court above.
0 Fine Only Payment. The punishment nsses.
[81 'l'he Court ORDERS Defendant's sentence E.XECUTED.
0 The Com·t ORDERS De fendant's sentence of confineme nt SUSPENDED. The Court ORDERS Defendant placed on community supervision fot· the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The ol'dcr setting forth tho terms and conditions of community supervision is incorporated into this judgment by reference, The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore. the following special findings or orders apply: NIA.
Signed and entered on this _;J=:;...._q_.__ day of NwemDtf J Approved as to form and content:
Clerk: Heather Kellna· Right Thumbprint ·' FILED FOR RECORD • J~ At..3 ·Xt o'tlocl~ CAUSE NO C R~ /7 - /(,2 Cavf\f / NOV 2 0 Z017 HEATHER N. KELlAR THE STATE OF TEXAS § IN THE DISTRICT C~1 CT ~~~~~ BY ...,_J...l.\LLP OEIUTY v. § 207TH JUDICIAL DISTRICT
Fr-ed Vc~)'' 1 11f § COMAL COUNTY, TEXAS Defendant ·
ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATIONS, JUDICIAL CONFESSION & PLEA BARGAIN AGREEMENT
ADMONISHMENTS. ART. 26.13, C.C.P.: The Defendant is hereby admonished in writing that if convicted, the Defendant may be sentenced within the punishment range marked in the relevant box below:
1. Punishment Range:
0 Capital Felony (death penalty waived> - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for a term of Ufe.
Habitual Offender - Imprisonment in the Institutional D vision of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 25 years
0 151 Degree Felony (Repeat Offender) - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 15 years; in addition, a fine not to exceed $10,000.
0 11 1 Degree Felony -- Imprisonment in the Institutional D1vision of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 5 years; in addition. a fine not to exceed $10,000.
0 2"d Degree Felony - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, a fine not to exceed $10,000.
0 3rd Degree Felony- Imprisonment in the Institutional Division of the Texas Department of Crimrnal Justice for any term of not more than 10 years or less than 2 years; in addition, a fine not to exceed S10,000.
0 State Jail Felony (deadly weapon used or exhibited I State Jail Violent Offender I State Jail Habitual Offender} - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term or not more than 10 years or less than 2 years; in addition, a fine not to exceed $10,000.
0 State Jail Felony - Confinement in a State Jail for any term of not more than two years or less than 180 days; in addition, a fine not to exceed $10,000
0 Other I Special I Enhancement under Texas Penal Code §12.35{c), §12.42. §12.44 or Texas Health and Safety Code Chapter 481 or Other Provision of law·
.:Lv__ Dcfcml;uu 's 111111~1~ l'ol!,!C l nl 7 !'lea llatgJm .\gr~cmcnl ..... , J· 2. Plea Bargain - The recommendation as to punishment 1s not binding on the court. If a plea bargain does exist, the court will inform you in open court before making a finding on your plea whether it will follow the plea bargain Should the court reject the plea bargain, you will be permitted to withdraw your plea if you desire
3 Court's Permission to Appeal - If the puntshment assessed does not exceed the punishment recommended by the prosecutor and agreed to by you and your attorney, the Court must give its permission to you before you may prosecute an appeal on any matter except for matters raised by written motion filed prior to trial.
4. Citizenship - If you are not a citizen of the United States of America, a plea of guilty or nolo contendere for this offense may result in your deportation, exclusion from admission or denial of naturalization under Federal law.
5. Sexual Offender Registration Requirement - If you receive community supervision, a prison or jail term, or deferred adjudication, for an offense described in Chapter 62 of the Texas Code of Criminal Procedure, you must meet all the registration requirements set out in that chapter. Failure to properly register is a separate criminal offense. By affixing your signature to this document, you and your attorney are acknowledging that your attorney has advised you regarding any applicable registration requirements of Ch.62.
6. Deferred Adjudication - If the Court grants deferred adjudication under Art. 42.12, Sec. 5, Code of Criminal Procedure. on violation of any imposed condition, you may be arrested and detained as provided by law. You will then be entitled to a hearing limited to a determination by the Court of whether to proceed with an adjudication of guilt on the original charge. After adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision and your right to appeal continue as if adjudication of guilt had not been deferred. Upon adjudication of guilt, the Court may assess your punishment at any term and fine within the range of the original charge.
7. Community Supervision- The Judge of the Court having jurisdiction of the case shall determine the terms and conditions of your community supervision unless they are otherwise negotiated as part of this plea bargain agreement. The Judge may, at any time, during the period of your community supervision alter or modify the terms and conditions The Judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the Defendant.
8. Nature of Agreement - This written plea bargain agreement sets out the full agreement of the parties There are no promises or agreements outside of those established in this written document.
9. Procedure to Amend- By necessity, one or more party to this plea bargain agreement will sign it prior to the other party or the Court. Therefore, once this plea bargain agreement is signed by a party, it shalf not be altered or amended without the express consent of the party who has already signed the agreement. The express agreement of such party shall be evidenced on the record and shall be demonstrated by the initials of said party approving any alteration or amendment Any attempt to alter or amend this written plea bargain agreement outside of this procedure shall be void and the written plea bargain agreement shall be enforced as originally written without such alteration or amendment.
II. VOLUNTARY STATEMENTS- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he/she has previously consulted and makes the following voluntary statements:
"I was sane at the time of the offense and am presently competent to stand trial •
2. "I understand the nature of the charges contained in the indictment or information in this cause ·
3. "The Court has admonished me orally or in writing of the consequences of a plea of guilty. I understand the minimum and maximum punishment provided by law for this offense."
4 . "I understand that have the right to a trial by jury whether I plead "Guilty", ... Contendere· and I am freely , knowingly and voluntarily waiving my right to a trial by jury •
5. "I have the right to remain silent but if I choose not to remain silent, anything I say can be used against me"
6 "I have the right to be confronted by the w itnesses against me whether I have a trial before the Court or the jury."
7. "This plea is made pursuant to a plea bargain."
8. "I L (am)_ (am not) a citizen of the United States of America."
111. WAIVERS- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his/her attorney with whom he/she has previously consulted and freely, knowingly and voluntarily makes the following waivers: ·
1. 1 waive service of the indictment and the two day waiting period for arraignment; and I also waive the 10 day period for preparation after appointment of counsel and the 10 day period in which to file written pleadings after arrest.
2. I waive the right to be arraigned.
3. I waive the right of trial by jury and request the consent and approval of the Court and of the attorney for the State to such waiver.
4. I waive my right to remain silent in the guilt-innocence and punishment phases of the trial, and state that 11 is my desire to take the witness stand, knowing anything I may say can be used against me, and make a judicial confession of my guilt
5. I waive the right to confront or cross-examine the witnesses against me both at the guilt/innocence and punishment phases of this matter. This waiver also includes, but is not limited to, any and all statements contained in any pre-sentence investigation report(s) reviewed by the Court in deciding the sentence to be imposed in this matter.
6. I waive the right to file a motion for new trial.
7. I understand my right to appeal but, having entered into a plea agreement with the State and as part of that agreement before sentencing, I waive my right to appeal from the judgment and sentence or probated sentence agreed upon.
8. I understand my rights to seek relief pursuant to a post convicllon writ of habeas corpus under Article 11 .07 of the Texas Code of Criminal Procedure but, having entered into a plea agreement with the State and as part of that agreement before sentencing, I knowingly, intelligently. and voluntarily waive my right to seek relief pursuant to a post conviction writ of habeas corpus under Article 11 .07 of the Texas Code of Criminal Procedure based on any claim that is known or reasonably should have been known to me at the time of my plea of "Guilty."
9 I waive the right to a pre-sentence reptJrt and request that none be made.
IV. STIPULATIONS AND JUDICIAL CONFESSION -- Now comes the Defendant ln writing and in open court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the following judicial confession(s) and stipulation(s):
1. "I do admit and judicially confess that I committed each and every element of the offense(s) as alleged in the indictment or information in this cause and that I am in fact GUlLTY of the offense alleged or, if this plea bargain is for a plea of guilty to a lesser included offense of the offense alleged in the indictment or
lesser included offense and that I am in fact GUILTY of the lesser included offense." ~~ Odc r.d~nl" ! lm1~1l ~ l'a .t~ J uf 7 r'kJ U.ug;un <\IJt~.:na~n t ~~ ~~ '"" s
.•. 2. "Under Texas Code or Criminal Procedure ArUcle 1.15. I hereby consent and stipulate in writing, in open court, to an oral stipulation of the evidence and testimony or to the introductron of testimony by affidavits, written statements of witnesses, and any other documentary evidence in support of the judgment of the Court." 3 "I voluntarily enter my plea of GUILTY to said offense, and my plea is not influenced by any considerations of fear or any persuasion or any delusive hope of pardon In making my plea of guilty I am not relying on any advice, information or agreement not made to the Court at this time " 4. "I have been advised by my attorney that if I am convicted or placed on deferred adjudication for a reportable sex offense under Chapter 62 of the Code of Criminal Procedure I w111 be required to meet the registration requirements of that Chapter: 5. "I 'have read this entire document, discussed it fully with my attorney and understand this document completely and I am aware of the consequence of my plea, and am satisfied I have been effectively represented.· 6. "If I am not a citizen of the United States, I have 1nquired into, understand and accept the immigration consequences of this plea bargain agreement " 7 "If the punishment recommendation is for deferred adjudication or community supervision, I have inquired into, understand and accept the possible ranges of conditions of community supervision, including those conditions that may require my confinement in a facility up to and including S.A.F.P.F." The Defendant Agrees (Indicated by Initials In the blank to the left of each applicable item): 1. to plea "Guilty" to and be found guilty of the offense(s) of: FOssc;sst .." wJh Ia!,"+ fo l>rti~er !1\ c,,..Jc.(Lcl Svb.sh"u P& I L I Gro-en 2. to judicially confess and stipulate as specified in paragraph IV, above; -< 4 G r"VT'\l 3. to waive his/her rights as specified in paragraph Ill, above; 4. to, if placed on deferred adjudication or community supervision, participate in any and all cond1t1ons of community supervision including those conditions that may require my confinement in a facility up to and including S.A.F.P.F.; 5. that the fine and community service restitution hours imposed in this cause shall run consecutive to and be cumulated with the fine and community service restitution hours imposed in any other cause, whether before this court or any other court, unless otherwise specified in this plea bargain agreement; 6 that, if I am sentenced to serve a number of days of confinement in the county jail as a condition of community supervision. a day shall consist of a period of 24 hours. Therefore, I shall serve each day of such a term of confinement in periods that are not shorter than 24 hours. (For example· If I turn myself in to the jail at 10:00 p.m on Friday, I must remain in jail until 10:00 p.m. on Saturday to receive credit for 1 day. If I turn myself in to the Jail at 10.00 p.m on Friday, I must remain in jail until10:00 p.m. on Sunday to receive credit for 2 days.) C,/ 7. XX to plea "True" and Agree to an affirmative finding to enhancement(s) paragraph(s) alleged in the indictment, information. or Nof ce of Intent to Enhance; 8. to plea "True" and Agree to an affirmative finding to use of exhibition of a deadly weapon during the commission of the offense as alleged in the indictment, information, or Notice of Intent tt;t.~~ a Deadly Weapon Finding. ~~<~~ COI.I4l~~~"" ~~q,.~-~-0~\ ~:! ~--= g~ ""' .... ~~ r ~ s ~ ]_\,L.__ o.:r~u~Jnt's huuals 1'.1~ 4 t• f7 P'..:u lh rgarn Ay.r~~~~~~l!\ %-Q r.;F ~;,, * ~~ '''""'""""'' r l I· 9 to waive any review set out under Texas Code of Crimmal Procedure, Art 42.12, Sec. 20 (a) The parfes have fully negotiated the details of this agreement including the length of the term of community supervision_ Therefore, the Defendant shall not ask for, shall not be considered for, and shall not receive an early termination of community supervision unless otherwise specified in this plea bargain agreement 10. to waive t11e right to seek shock community superviston under Texas Code of Criminal Procedure, Art 42.12, Sec. 6 or Texas Code of Criminal Procedure, Art 42 12. Sec 15(f). The parties have fully negotiated the details of this agreement and have agreed that the Defendant shall not be placed on community supervision. Therefore, the Defendant shall not ask for, shall not be considered for, and shall not rece1ve shock community supervision under Texas Code of Criminal Procedure, Art 42 12, Sec. 6 or Texas Code of Criminal Procedure, Art 42.12, Sec. 15(f) unless otherwise specified in this plea bargain agreement. 11 . to agree that I shall not be presumptively entitled to diligent participation credit as established in Texas Code of Criminal Procedure, Article 42.12, Section 15(11) (This provision is only applicable to State Jail Felony offenses.) .LwL 12. XX The State Agrees to recommend the following sentence: (30) 1. XX That the Defendant be sentenced to Tbd!' (~ I years) imprisonment in the ~titutional Division of the Texas Department of Cnminal Justice ___Texas State Jail Facility 2. _ _ _ _That the Defendant be placed on ___ years of regular community supervision. 3. _ _ _ _That Defendant be placed on _ _ _ years of deferred adjudtcation community supervision 4. _ _ _ _That the Defendant pay a s___ Fine payable as directed ($ _ _ _ _ _ probated). 5 X/( That the Defendant pay S I8 0, 00 Restitution, payable to --'b~P. .S . .___..ck-.'~b""-'.,_."''-!..t-.-....;._,.-rY-----------------·as I directed. 6. _ _ _ _Prosecute only on the lesser included offense of: - - - - - - - - - - - - - - - 7. Take the following unadjudtcated offense(s) into consideration pursuant to Texas Penal Code §12.45: c.-1 Ci'Z -'OI(, CRJ..I(.q f~ fa(!)< ;J. ur,.r:r.r and defendant judicially confesses to each element of th offense 8, _ _ _ _ That the Defendant participate in ___ Community Service Hours 9. _ _ _ _ That the Defendant be confined ___ days in County ja I as a condition of community supervision. 10. That the Defendant's dnver's license shall be suspended for a period of two (2) years, that the Defendant shall have an ignition interlock on any vehicle operated during the entire period of commun.ty supervision, and that the Defendant shall attend treatment as recommended by the Carnal County Adult Community Supervision Department up to and including S.A.F.P.F. 11 _ _ _ _ That the Defendant may seek an early termination of the period of community supervis•on agreed to in this plea bargain agreement after he/she has served a period of years if he/she has absolutely no violations of the terms and conditions of his/her community supervision and he/ she has paid all fines , restitution, and court costs and has completed all hours of his/her Community S~'Cf~ l'j.~T; L"o~ ~~~.; ~\ !~ :: t- t -.= ~!:: ~ ~... !?'>~ ~~ s ~~ ,.r,,n·'•••t's O"'" u. · I1111Uis I'••g~)- 11f7 I' ·~~ II Jr!!Jll1 · ,\ grccm~nl %:1;> ~......,, * ~"" ,,~-$"' 1ltJ.umuu''''' .. l • The abov~ terms constitute our agreement, and there are no agreements not set forth above The Defendant and Counsel request tile Court to follow the plea bargain Furthermore, the Defendant states, "I CAN READ AND WRITE THE ENGLISH LANGUAGE. IF I AM UNABLE TO READ AND WRITE THE ENGLISH LANGUAGE AN INTERPRETER HAS ASSISTED ME IN READING THIS ENTIRE DOCUMENT AND AIDED ME IN DISCUSSING SAME WITH MY ATTORNEY. I HAVE READ THIS ENTIRE DOCUMENT AND DISCUSSED IT FULLY WITH MY ATTORNEY. I UNDERSTAND THIS DOCUMENT COMPLETELY AND I AM AWARE OF THE CONSEQUENCES OF MY PLEA. MY ATTORNEY HAS DISCUSSED WITH ME THE LAW AND FACTS APPLICABLE TO THIS CASE, AND I AM SATISFIED THAT I HAVE BEEN EFFECTIVELY REPRESENTED. FURTHERMORE, I AM MENTALLY COMPETENT; I UNDERSTAND THE ADMONISHMENTS IN PARAGRAPH 1.; I AM FREELY, VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY ENTERING MY PLEA OF "GUILTY". I WAIVE MY RIGHTS AS SPECIFIED IN PARAGRAPH Ill. I STIPULATE TO THE EVIDENCE AND I JUDICIALLY CONFESS AS STATED IN PARAGRAPH IV." SWORN AND SUBSCRIBED TO before me by the Defendant, this the ')o day of I hereby join, consent to and approve of the waiver of j ry tr I pursuant to Art. 1.13, C.C P., and the stipulations of evidence pursuant to Art. 1.15 C.C. P. In addition, I hereby ad · e Court that I have fully consulted with the Defendant and have carefully reviewed with him/her this entire document. I believe he/she is mentally competent, understands the admonishments, is aware of the consequences of the plea, and is freely, voluntarily, knowingly and intelligently entering his/her plea of "Guilty", his/her waiver of rights as specified in paragraph Ill, and his/her stipulations and judicial confession as specified in paragraph IV. I hereby join, consent to and approve of: (1) the s ipulations of evidence pursuant to Art. 1.15. C C.P.; and (2) the waiver of jury trial pursuant to Art. 1.13, C.C.P., conditioned on the Court accepting this Plea Agreement and sentencing the Defendant in accordance with this Plea Agreement _l_tv·- Defendant's lnn Jis 1'.1 ,:~ (, 11f 7 111~4 llargam \ grtcmcnt .. , ,. ORDER OF THE COURT The Court hereby finds that {1) the Defendant was sane when the alleged offense was committed, is mentall~ competent, is represented by competent counsel, understands the nature or the charges against him/her and the consequences or a plea of guilty or nolo contendere, includ1ng the minimum and maximum punishment provided by law, {2) the attorney for the Defendant and the State consent and approve the waiver of trial by jury and agree to stipulate the evidence in this case; and (3) the Defendant's plea of gllllty. statements, waivers, stipulations, and judicial confession were freely, voluntarily, knowingly and intelligently made. All stipulations, waivers, and pleas are hereby approved and accepted along with all findings as set out above IT IS SO ORDERED on this the ~day of t.1 ~LC . 201~. I FILEQ [Q.B RECORD . ·': ·' At.alllio'clocl~ • J~ NOV 2 0 ZOl7 CAUSE NO. C (<.;;J_O }']- fC;2 v.",J j i HEATHER N. KELLAR C~~~.(<~~T ~AT THE STATE OF TEXAS § IN THE DISTRt'ffyO\JHl[,V\)_~~~~TT V. § 2071 H JUDICIAL DISTRICT § COMAL COUNTY, TEXAS ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATIONS, JUDICIAL CONFESSION & PLEA BARGAIN AGREEMENT ADMONISHMENTS. ART. 26.13, C.C.P.: The Defendant is hereby admonished in writing that if convicted, the Defendant may be sentenced within the punishment range marked in the relevant box below: 0 Capital Felony (death penalty waived) - Imprisonment in the Institutional Division of the Texas Department of Criminal Jusllce for a term of Life Habitual Offender -Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 25 years. 0 151 Degree Felony (Repeat Offender) - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 15 years; in addition, a fine not to exceed $10,000. D 11 1 Degree Felony -Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 5 years; in addition. a fine not to exceed $10,000. 0 2"d Degree Felony - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, a fine not to exceed $10,000. 0 3rd Degree Felony -Imprisonment in the Institutional Division of the Texas Department of Criminal Jltstice for any term of not more than 10 years or less than 2 years; in addition, a fine not to exceed $10,000 0 State Ja1l Felony (deadly weapon used or exhib;ted I State Jail Violent Offender I State Jail Habitual Offender} - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years, in addition, a fine not to exceed $10,000. 0 State Jail Felony- Confinement in a State Jail for any term of not more than two years or less than 180 days; in addition, a fine not to exceed $10,000. 0 Other I Special I Enhancement under Texas Penal Code §12.35(c). §12.42. §12 44 or Texas Health and Safety Code Chapter 481 or Other Provision of law: IuL._D~fcnd3nt's huti:1 s I'age lnf 7 sx 1_ ·"· 2 Plea Bargain - The recommendation as to pumshment is not binding on the court. If a plea bargain does exist, the court will inform you in open court before making a finding on your plea whether it will follow the plea bargain. Should the court reject the pfea bargain, you will be permitted to withdraw your plea if you desire 3. Court's Permission to Appeal - If the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by you and your attorney. the Court must give its permission to you before you may prosecute an appeal on any matter except for matters rarsed by wntten motion filed prior to trial. 4. Citizenship - If you are not a citizen of the United States of America, a plea of gullty or nolo contendere for this offense may result In your deportation, exclusion from admission or denial of naturalization under Federal law. 5. Sexual Offender Registration Requirement - If you receive community supervision. a prison or jail term, or deferred adjudication, for an offense described in Chapter 62 of the Texas Code of Criminal Procedure. you must meet all the registration requirements set out in that chapter Failure to properly register is a separate criminal offense. By affixing your signature to this document, you and your attorney are acknowledging that your attorney has advised you regarding any applicable registration requirements of Ch.62. 6. Deferred Adjudication - If the Court grants deferred adjudication under Art 42.12, Sec. 5, Code of Criminal Procedure. on violation of any imposed condition, you may be arrested and detained as provided by law. You will then be entitled to a hearing limited to a determination by the Court of whether to proceed with an adjudication of guilt on the original charge. After adjudication or guilt, all proceedings, including assessment of punishment. pronouncement of sentence, granting of community supervision and your right to appeal continue as if adjudication of guilt had not been deferred . Upon adjudication of guilt, the Court may assess your punishment at any term and fine within the range of the original charge. 7. Community Supervision - The Judge of the Court having jurisdiction of the case shall determine the terms and conditions of your community supervision unless they are otherwise negotiated as part of this plea bargain agreement. The Judge may, at any time, during the period of your community supervision alter or modify the terms and conditions. The Judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish rehabilitate, or reform the Defendant. 8. Nature of Agreement - This written plea bargain agreement sets out the full agreement of the part1es There are no promises or agreements outside of those established in this written document. 9. Procedure to Amend- By necessity, one or more party to this plea bargain agreement wiU sign it prior to the other party or the Court. Therefore, once this plea bargain agreement is signed by a party, it shall not be altered or amended without the express consent of the party who has already signed the agreement. The express agreement of such party shall be evidenced on the record and shall be demonslrated by the initials of sajd party approving any alteration or amendment Any attempt to alter or amend this written plea bargain agreement outside of this procedure shall be void and the written plea bargain agreement shall be enforced as originally wntten without such alteration or amendment. II. VOLUNTARY STATEMENTS- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he/she has previously consulted and makes the following voluntary statements: 1 "I was sane at the time of the offense and am presently competent to stand trial " 2 "I understand the nature of the charges contained in the indictment or information in this cause.· 3. 4. ,[t v' lldi.11dJnl s lnn~o~ls ; .. " Contendere" and I am freely, knowingly and voluntarily waiving my right to a trial by jury." 5. "I have the right to remain silent but if I choose not to remain silent, anything I say can be used againsl me." 6. "I have the right to be confronted by the witnesses against me whether I have a trial before the Court or the jury " 8. "I L_ (am) __ (am not) a citizen of the United States of America." Ill WAIVERS- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his/her attorney with whom hefshe has previously consulted and freely, knowingly and voluntarily makes the following waivers: 1. I waive service of the indictment and the two day waiting period for arraignment, and I also waive the 1 0 day period for preparation after appointment of counsel and the 10 day period in which to file written pleadings after arrest. 3. I waive the right of trial by jury and request the consent and approval of the Court and of the attorney for the State to such waiver. 4. I waive my right to remain silent in the guilt-innocence and punishment phases of the trial, and state that it is my desire to take the witness stand, knowing anything I may say can be used against me, and make a judicial confession of my guilt. 5. I waive the right to confront or cross-examine the witnesses against me both at the guiiVinnocence and punishment phases of this matter. This waiver also includes, but is not limited to, any and all statements contained in any pre-sentence investigation report{s) reviewed by the Court in deciding the sentence to be imposed in this matter. 7 I understand my right to appeal but, having entered into a plea agreement with the State and as part of that agreement before sentencing, I waive my right to appeal from the judgment and sentence or probated sentence agreed upon. 8. I understand my rights to seek rehef pursuant to a post conviction writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure but having entered into a plea agreement with the State and as part of that agreement before sentencing, I knowingly, intelligently, and voluntarily waive my right to seek relief pursuant to a post conviction writ of habeas corpus under Article 11 .07 of the Texas Code of Criminal Procedure based on any claim that is known or reasonably should have been known to me at the t1me of my plea of ''Guilty." 9 I waive the right to a pre-sentence report and request that none be made IV. STIPULATIONS AND JUDICIAL CONFESSION-- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the following judicial confession(s) and stipulation(s)· 1. 'I do admit and judicially confess that I committed each and every element of the offense(s) as alleged in the indictment or information in this cause and that I am in fact GUllTY or the offense alleged or, if this plea bargain is for a plea of guilty to a lesser included offense of the offense alleged in the indictment or information in this cause, I do admit and judicially confess that I committed each and every e nt of the lesser included oflense and lhall am in lacI GUll TY of the lesser included offense • ~~~ w. ~ ••:"'\i I' / - ,~.... :-.! ~..Lt' _ Oefcndanl's lnirial~ l'~sc 31lf1 l'ka Oartzain ·\gr~cmcnr '"' ~:: .... __. C,;)~.. ). 2. "Under Texas Code of Crimmal Procedure Article 115. I hereby consent and stipulate in writ1ng, in open court, to an oral stipulation of the evidence and testimony or to the introduction of test1mony by aff1davlts, written statements of witnesses, and any other documentary evidence in support of the judgment of the Court · 3 "I voluntarily enter my plea of GUlLTY to sa·d offense, and my plea is not influenced by any considerations of fear or any persuasion or any delusive hope of pardon. In mal~ing my plea of guilty I am not relying on any advice, information or agreement not made to the Court at this time." 4 "I have been advised by my attorney that if I am convicted or placed on deferred adjudication for a reportable sex offense under Chapter 62 of the Code of Criminal Procedure I will be required to meet the registration requirements of that Chapter.'' 5. "I have read this entire document, discussed it fully with my attorney and understand this document completely and I am aware of the consequence of my plea, and am satisfied I have been effectively represented." 6. "If I am not a citizen of the United States, I have inquired into, understand and accept the immigration consequences of this plea bargain agreement." 7. "If the punishment recommendation is for deferred adjudication or community supervision, I have inqufred into, understand and accept the possible ranges of conditions of community supervision, including those conditions that may require my confinement in a facilty up to and including S.A.F.P.F: The Defendant Agrees (Indicated by initials in the blank to the left of each applicable item): r I / 1. to plea · Guilty" to and be found guilty of the offense(s) of: r"""f'W'J wA-h PhI V.S:tc-.. l Evldlrla 2. to judicially confess and stipulate as specified in paragraph IV, above; 3. to wa1ve his/her rights as specified in paragraph Ill , above, 4. to, if placed on deferred adjudication or community supervision, participate in any and all cond~ions of community supervision including those conditions that may require my confinement in a facility up to and including S.A.F.P.F.; 5. that the fine and community service restitution hours imposed in this cause shall run consecutive to and be cumulated with the fine and community service restitution hours imposed in any other cause, whether before this court or any other court, unless otherwise specified in this plea bargain agreement. 6. that, if I am sentenced to serve a number of days of confinement in the county jail as a condition of community supervision, a day shall consist of a period of 24 hours. Therefore, I shall serve each day of such a term of confinement in periods that are not shorter than 24 hours. (For example If I turn myself in to the jail at10:00 p m. on Friday, I must remain in jail until10 00 p.m. on Saturday to receive credit for 1 day. If I turn myself in to the jail at 10.00 p.m on Friday, I must remain in jail until10.00 p.m on Sunday to receive credit for 2 days ). -{, t/ 7 XX to plea "True" and Agree to an affirmative finding to enhancement(s) paragraph(s) alleged in the indtctment, information, or Notice of Intent to Enhance: 8. -~-.--- to plea "True" and Agree to an affirmative finding to use of exhibiHon of a deadly weapon during the commission of the offense as alleged in the indictment. information, or Notice of Intent !a Seek a Deadly Weapon Finding; ,~COM. ,~'~\) ~~ Defendant's lntttals J'a ~ ~ ·I of 7 1 1 1 ~~ JIJrl!llut ·\!ltcem~n• gf~"" ~ :oi§\ ..- % S ~ ~- rjt: . ,... ~41 . '':1111t:u:,u\\\t'\'' , ,. 9. to waive any review set out under Texas Code of Criminal Procedure, Art 42 12, Sec 20 (a) The parties have fully negotiated the details of this agreement including the length of the term of commun ty supervision. Therefore, the Defendant shall not ask for, shall not be considered for, and shall not receive an early termination of community supervision unless otherwise specified in this plea bargain agreement 10. to waive the right to seek shock community supervision under Texas Code of Criminal Procedure, Art 42.12, Sec. 6 or Texas Code of Criminal Procedure, Art 42 12, Sec 15(f) The parties have fully negotiated the details of this agreement and have agreed that the Defendant shall not be placed on community supervision Therefore, the Defendant shall not ask for, shall not be considered for. and shall not receive shock community supervision under Texas Code of Criminal Procedure, Art 42. 12, Sec. 6 or Texas Code of Criminal Procedure, Art 42.12, Sec. 15(f) unless otherwise specified in this plea bargain agreement. 11. to agree that I shall not be presumptively entitled to diligent participation credit as established in Texas Code of Criminal Procedure, Article 42.12, Section 15(h). (This provision is only applicable to State Jail Felony offenses.) 12. Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The State Agrees to recommend the following sentence: ( 0) 3 1. _)()<. That the Defendant be sentenced to tJ,~A"'j (~s I years) imprisonment in the ~titutional Division of the Texas Department of Criminal Justice Texas State Jail Facility 2. _ _ _ _That the Defendant be placed on ___ years of regular community supervision. 3. _ _ _ _That Defendant be placed on ___ years of deferred adjudication community supervision 4. _ _ _ _That the Defendant pay a S___ Fine payable as directed ($_ _ _ _ _ probated). 5. _ _ _ _That the Defendant pay $ _ _ _ _ _ _ _ _ Restitution. payable to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a s directed. 6. _ _ _ _,Prosecute only on the lesser included offense of. - - - - - - - - - - - - - - - 7. Take the following unadjudicated offense(s) into consideration pursuant to Texas Penal Code § 12.45 and defendant judiciat:y confesses to each element of the offense. 8 _ _ _ _ That the Defendant participate in ___ Community Service Hours 9 --....,...-- That the Defendant be confined ___ days in County jail as a condiUon of community supervision. 10. That the Defendant's driver's license shall be suspended for a period of two (2) years, that the Defendant shall have an ignition interlock on any vehicle operated during the entire period of community supervision, and that the Defendant shall attend treatment as recommended by the Comal County Adult Community Supervision Department up to and including S.A.F.P.F. 11 , That the Defendant may seek an early termination of the period of community supervis on agreed to in this plea bargain agreement after he/she has served a period or years if he/she has absolutely no violations of the terms and conditions of his/her community supervision and he/ she has paid all fines, restitution. and court costs and has completed all hours of his/her Community Service Hours. ..('Lt/__ D~li:ntlJIII's lnmal~ l 12 _ _ _ _ Other. 13 Court Costs and a $15.00 crime stoppers fee, payable at sentencing The above terms constitute our agreement, and there are no agreements not set forth above The Defendant and Counsel request the Court to follow the plea bargain. Furthermore, the Defendant states, "I CAN READ AND WRITE THE ENGLISH LANGUAGE. IF I AM UNABLE TO READ AND WRITE THE ENGLISH LANGUAGE AN INTERPRETER HAS ASSISTED ME IN READING THIS ENTIRE DOCUMENT AND AIDED ME IN DISCUSSING SAME WITH MY ATTORNEY. I HAVE READ THIS ENTIRE DOCUMENT AND DiSCUSSED IT FULLY WITH MY ATTORNEY. I UNDERSTAND THIS DOCUMENT COMPLETELY AND I AM AWARE OF THE CONSEQUENCES OF MY PLEA. MY ATTORNEY HAS DISCUSSED WITH ME THE LAW AND FACTS APPLICABLE TO THIS CASE, AND I AM SATISFIED THAT I HAVE BEEN EFFECTIVELY REPRESENTED. FURTHERMORE, I AM MENTALLY COMPETENT; I UNDERSTAND THE ADMONISHMENTS IN PARAGRAPH 1.; I AM FREELY, VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY ENTERING MY PLEA OF "GUILTY". I WAIVE MY RIGHTS AS SPECIFIED IN PARAGRAPH Ill. I STIPULATE TO THE EVIDENCE AND I JUDICIALLY CONFESS AS STATED IN PARAGRAPH IV." SWORN AND SUBSCRIBED TO before me by the Defendant, this th~ day of WDV The Honorable Heather Keller District Clerk Comal Cou I hereby join, consent to and approve of the waiver of j ry t al pursuant to Art. 1.13, C C P., and the st1pulations of evidence pursuant to Art. 1.15 C.C. P. In addition. I hereby adv1se the Court that I have fully consulted with the Defendant and have carefully reviewed with him/her this entire document. I believe he/she is mentally competent, understands the admonishments, is aware of the consequences of the plea, and is freely, voluntarily, knowingly and intelligently entering his/her plea of "Guilty•, his/her waiver of rights as specified in paragraph Ill, and his/her stipulations and· · ial confessron as specified In paragraph IV. I hereby join, consent to and approve of (1) e stipulations of evidence pursuant to Art 1.15, C.C P.; and (2) the waiver of jury trial pursuant to Art. 1 13, C.C.P., conditioned on the Court accepting this Plea Agreement and sentencing the Defendant in accordance with this Plea Agreement Defendant's lnihal~ t'J!,C li ,,fi l'k~ Bargain Agrccmcu ,. ORDER OF THE COURT The Court hereby finds that (1) the Defendant was sane when the alleged offense was committed, is mentall} competent, is represented by competent counsel, understands the nature of the charges against him/her and the consequences of a plea of guilty or nolo contendere, including the minimum and maximum punishment provided by law, (2) the attorney for the Defendant and the State consent and approve the waiver of trial by jury and agree to stipulate the evidence in this case; and (3} the Defendant's plea of guilty, statements, waivers, stipulations, and judicial confession were freely, voluntarily, knowingly and intelligently made All stipulations, waivers, and pleas ar~hereby approved and accepted along with all findings as set out above CJ.o IT IS SO ORDER EO on this the • day of 1\)o V , 201.3:_. ~-------------- ·CJ D~fcmbnr"s hullal~ l'al!c 7 nf7 . ·~ ·' FIIJO...FM RECORD At!2.:i2l.o'cluc:i~ CAUSE NO. C fLJ' ot-011- I. I/'\5 ;l. c"...,.,+-nr- ..LJl NOV 2 0 2017 iiCA"niER N. KEllAR THE STATE OF TEXAS § IN THE DISTRICT C~RICT cou~i 8 '-~wun v. § 207TH JUDICIAL DISTRIC~ § COMAL COUNTY, TEXAS ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATIONS, JUDICIAL CONFESSION & PLEA BARGAIN AGREEMENT ADMONISHMENTS, ART. 26.13, C.C.P.: The Defendant is hereby admonished in writing that if convicted, the Defendant may be sentenced within the punishment range marked in the relevant box below: 0 Capital Felony {death penalty waived) - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for a term of Life. 0 Habitual Offender- Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 25 years. 0 1 1' Degree Felony {Repeat Offender) - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 15 years; in addition, a fine not to exceed $10,000. 0 11 1 Degree Felony-- Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 5 years; in addition, a fine not to exceed $10,000. W 2nd Degree Felony - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, a fine not to exceed $10,000. IA_v If "' :sf.--/.. J"' J {;/.~ ~"' ko.nc.o.t +-.J."'J cJJ~ · 0 3'd Degree Felony- Impri sonment in the lnstitutronal Drvlsion of the Texas Department of Cnminal Justice for any term of not more than 10 years or less than 2 years, in addition, a fine not to exceed $10,000. 0 State Jail Felony (deadly weapon used or exhibited I State Jail Violent Offender I State Jail Habitual Offender) - Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years: in addition, a fine not to exceed $10,000. 0 State Jail Felony - Confinement in a State Jail for any term of not more than two years or less than 180 days, in addition , a fine not to exceed $10,000. 0 Other I Special/ Enhancement under Texas Penal Code §12,35(c). §12.42, §1244 or Texas Health and Safety Code Chapter 481 or Other Provision of law: sx .3 2 Plea Bargain - The recommendation as to punishment •s not bindmg on the court. If a plea bargain does exist, the court will inform you in open court before making a finding on your plea whether it will follow the plea bargain. Should the court reject the plea bargain, you will be permitted to withdraw your plea if you desire 3 Courts Permission to Appeal - If the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by you and your attorney, the Court must gtve its permission to you before you may prosecute an appeal on any matter except for matters raised by written motion filed prior to trial 4. Citizenship -If you are not a citizen of the United States of Amenca, a plea of guilty or nolo contendere for this offense may result in your deportation, exclusion from admission or denial of naturalization under Federal law. 5. Sexual Offender Registration Requirement -If you receive community supervision, a prison or jail term, or deferred adjudication, for an offense described in Chapter 62 of the Texas Code of Criminal Procedure. you must meet all the registration requirements set out in that chapter. Failure to properly register is a separate criminal offense. By affixing your signature to this document, you and your attorney are acknowledging that your attorney has advised you regarding any applicable registration requirements of Ch.62. 6. Deferred Adjudication - If the Court grants deferred adjudication under Art. 42.12, Sec 5, Code of Criminal Procedure. on violation of any imposed condition, you may be arrested and detained as provided by law. You will then be entitled to a hearing limited to a determination by the Court of whether to proceed with an adjudication of guilt on the original charge Arter adjudication of guilt, all proceedings, Including assessment of punishment pronouncement of sentence, granting of community supervision and your right to appeal continue as if adjudication of guilt had not been deferred . Upon adjudication of guilt, the Court may assess your punishment at any term and fine within the range of the original charge. 7. Community Supervision- The Judge of the Court having jurisdiction of the case shall determine the terms and conditions of your community supervision unless they are otherwise negotiated as part of this plea bargain agreement. The Judge may. at any time, during the period of your community supervision alter or modify the terms and conditions The Judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the Defendant. 8 Nature of Agreement - This written plea bargain agreement sets out the full agreement of lhe parties There are no promises or agreements outside of those established in this written document. 9. Procedure to Amend- By necessity, one or more party to this plea bargain agreement will sign it prior to the other party or the Court Therefore. once this plea bargain agreement is signed by a party, it shall not be altered or amended without the express consent of the party who has already signed the agreement. The express agreement of such party shall be evidenced on the record and shall be demonstrated by the imtials of sa~d party approving any alteration or amendment. Any attempt to alter or amend this written plea bargain agreement outside of this procedure shall be void and the written plea bargain agreement shall be enforced as originally written without such alteration or amendment. II. VOLUNTARY STATEMENTS- Now comes the Defendant in writing and in open court •n the above entitled and numbered cause represented by his attorney with whom he/she has previously consulted and makes the following voluntary statements: 1. ~I was sane at the time or the offense and am presently competent to stand tri al." 2. "I understand the nature of the charges contained in the indictment or information in this cause " 3. "The Court has admonished me orally or in writing of the consequences of a plea of guilty. I understand the minimum and maximum punishment provided by law for this offense · 4. ·r understand that have the right to a trial by jury whether I plead "Guilty", ~cl~- Dcfc ubnt\ Initials .. .. Contendere• and I am freely, knowingly and voluntaroly waivmg my right to a trial by jury." 5. "I have the right to remain silent but if I choose not to remain silent, anything I say can be used againsr me · 6 "I have the right to be confronted by the watnesses against me whether I have a trial before the Court or the jury: 8 "I / (am) __ {am not) a citizen of the United States of America." 111 WAIVERS - Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his/her attorney with whom he/she has previously consulted and freely , knowingly and voluntarily makes the following waivers: 1. 1 waive service of the indictment and the two day waiting period for arraignment; and I also waive the 10 day period for preparation after appointment of counsel and the 10 day period in which to file written pleadings after arrest. 3. I waive the right of trial by jury and request the consent and approval of the Court and of the attorney for the State to such waiver. 4. I waive my right to remain silent in the guilt-innocence and punishment phases of the trial, and state that it is my desire to lake the witness stand, knowing anything I may say can be used against me, and make a judicial confession of my guilt. 5. I waive the right to confront or cross-examine the witnesses against me both at the guiiVinnocence and punishment phases of this matter. This waiver also includes, but is not limited to, any and all statements contained in any pre-sentence investigation report(s) reviewed by the Court in deciding the sentence to be imposed in this matter. 6 I waive the right to file a mellon for new trial. 7. I understand my right to appeal but, having entered into a plea agreement with the State and as part of that agreement before sentencing, I waive my right to appeal from the judgment and sentence or probated sentence agreed upon. 8. I understand my rights to seek relief pursuant to a post conviction writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure but, having entered mto a plea agreement with the State and as part of that agreement before sentencing, I knowmgly, intelligently, and voluntarily waive my right to seek relief pursuant to a post conviction writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure based on any claim that is known or reasonably should have been kPown to me at the time of my plea of ~Gu1ity : 9 I waive the right to a pre-sentence report and request that none be made. IV. STIPULATIONS AND JUDICIAL CONFESSION-· Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the following judicial confession(s) and stipulation(s): 1. "I do admit and judicially confess that I committed each and every element of the offense(s) as alleged in the indictment or information in this cause and that I am in fact GUlLTY of the offense alleged or, if this plea bargain is for a plea of gu11ty to a lesser included offense of the offense alleged in the indictment or information in this cause, I do admit and judicially confess that I committed each and every element of the lesser included offense and that I am in fact GUlLTY of the lesser mcluded offense " _,_,..~ ···~~· .,. 0 .,"<'~ ~'/ 'i;Jf..".•.:.lit.,;··:; .,, -o -;.. #--§~!1/i.;- it; ~ ".%'~. '""'~ !'1~c ) Llf 7 P; ~.l fl,trg~m ·\llrccmcnl ~~ .,.... ~ .o. ~i %~.'!: s ~~ ~-:-(? ~ "~;:::~,.. tt ......,~<$' ..- ·'· 2. · under Texas Code of Cnminal Procedure Article 1 15. I hereby consent and stipulate in writing, in open court, to an oral stipulation of the evidence and testimony or to the introduction of testJmony by affidavits, written statements of witnesses. and any other documentary evidence in support of the judgment of the Court." 3. "I voluntarily enter my plea of GUILTY to said offense, and my plea is not influenced by any considerations of fear or any persuasion or any delusive hope of pardon. In making my plea of guilty I am not relying on any advice, information or agreement not made to the Court at this time " 4. "I have been advised by my attorney that if I am convicted or placed on deferred adjudication for a reportable sex offense under Chapter 62 of the Code of Criminal Procedure I will be required to meet the registration requirements of that Chapter." 5. "I have read this entire document, discussed it fully with my attorney and understand this document completely and I am aware of the consequence of my plea, and am satisfied I have been effectively represented.· 6. "If I am not a citizen of the United States. I have inquired into, understand and accept the immigration consequences of this plea bargain agreement." 7 "If the punishment recommendation is for deferred adjudication or community supervision, I have inquired into, understand and accept the possible ranges of conditions of community supervision, including those conditions that may require my confinement in a fac1lity up to and including S.A.F.P.F." The Defendant Agrees (indicated by initials in the blank to the left of each applicable item): (' J to plea "Guilty" to and be found guilty of the offense(s) of. £v"J''J Ar~.sJ.. wJ.._, o. Pa:w~v.t C.ovrdf,,..r {;r .f~~: Sa.rr.c O.(h'"V(' 2. to judicially confess and stipulate as specified in paragraph IV, above; 3 to waive his/her rights as specified in paragraph Ill, above; 4. to, if placed on deferred adjudication or community supervision , particlpate in any and all conditions of community supervision including those conditions that may require my confinement in a facility up to and including S A.F.P.F.; 5. that the fine and community service restitution hours imposed in this cause shall run consecutive to and be cumulated with the fine and community service restitution hours imposed in any other cause, whether before this court or any other court, unless otherwise specified in this plea bargain agreement, 6 that, if I am sentenced to serve a number of days of confinement in the county jail as a condition of community supervision. a day shall consist of a period of 24 hours. Therefore, I shall serve each day of such a term of confinement in periods that are not shorter than 24 hours (For example If I turn myself in to the jail at 10:00 p.m . on Friday, I must remain in jail until10.00 p.m. on Saturday to receive credit for 1 day. If I turn myself in to the jail at 10:00 p.m. on Friday, I must remain in jail until 10:00 p m. on Sunday to receive credit for 2 days.). { V 7. XX to plea "True" and Agree to an affirmative finding to enhancement(s) paragraph(s) alleged in the indictment, information, or Notice of Intent to Enhance; 8. to plea ~True" and Agree to an affirmative finding to use of exhi bition of a deadly weapon during the commission of the offense as alleged in the indictment, information, or Not'ce of Intent to Seek a Deadly Weapon Finding; ,. 9. to waive any review set out under Texas Code or Criminal Procedure, Art 42.12, Sec. 20 (a} The parties have fully negotiated the deta1ls of this agreement including the length of the term of community supervision. Therefore, the Defendant shall not ask for, shall not be considered for, and shall not receive an early termination of community supervision unless otherwise specified in this plea bargain agreement 10. to waive the right to seek shock community supervision under Texas Code of Criminal Procedure, Art 42.12, Sec. 6 or Texas Code of Criminal Procedure. Art 42.12, Sec. 15(f). The parties have fully negotiated lhe details of this agreement and have agreed that the Defendant shall not be placed on community supervision. Therefore, the Defendant shall not ask for, shall not be considered for, and shall not receive shock community supervision under Texas Code of Criminal Procedure, Art 42.12, Sec. 6 or Texas Code of Criminal Procedure, Art 42.12, Sec. 15(f) unless otherwise specified in this plea bargain agreement. 11. to agree that I shall not be presumptively entitled to diligent participation credit as established in Texas Code of Criminal Procedure, Article 42 12, Section 15(h). (This provision is only applicable to State Jail Felony offenses.) 12. Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The State Agrees to recommend the following sentence: (;;tJ) 1. .X)( That the Defendant be sentenced to J \oJ''"'-\-j (Mef'tths I years) imprisonment in the ~titutional Division of the Texas Department of Criminal Justice Texas State Jail Facility 2. _ _ _ _That the Defendant be placed on ___ years of regular community supervision. 3 _ _ _ _That Defendant be placed on ___ years of deferred adjudication community supervision 4. _ _ _ _That the Defendant pay a s___ Fine payable as directed ($ _ _ _ _ _ probated). 5. _ _ _ _That the Defendant pay S_ _ _ _ _ _ _ _ Restitution, payable to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a s directed. 6 _ _ _ _Prosecute only on the lesser included offense of: - - -- - - - - - - -- - - - 7. Take the following unadjudicated offense(s) into consideration pursuant to Texas Penal Code §12.45: and defendant judicially confesses to each element of the offense 8. _ _ _ _ That the Defendant participate in ___ Community Service Hours 9. ---:-=-- That the Defendant be confined ___ days in County jail as a condition of community supervision . 10 That the Defendant's dnver's license shall be suspended for a period of two (2) years, that the Defendant shall have an ignition interlock on any vehicle operated during the entire period of community supervision, and that the Defendant shall attend treatment as recommended by the Coma! County Adult Community Supervision Department up to and including SAF.P.F. 11. That the Defendant may seek an early termination of the period of community supervision agreed to in this plea bargain agreement after he/she has served a period of years if he/she has absolutely no violations of the terms and conditions of his/her community supervision and he/ she has paid all fines, restitution, and court costs and has completed all hours of his/her Community SeNice Hours. tiL Dcti:nd~nrs huu~l> ... ~ . 12. ----Other: 13. Court Costs and a $15.00 crime stoppers fee, payable at sentencing The above terms constitute our agreement, and there are no agreements not set forth above. The Defendant and Counsel request the Court to follow the plea bargain. Furthermore, the Defendant states, "I CAN READ AND WRITE THE ENGLISH LANGUAGE. IF I AM UNABLE TO READ AND WRITE THE ENGLISH LANGUAGE AN INTERPRETER HAS ASSISTED ME IN READING THIS ENTIRE DOCUMENT AND AIDED ME IN DISCUSSING SAME WITH MY ATTORNEY. I HAVE READ THIS ENTIRE DOCUMENT AND DISCUSSED IT FULLY WITH MY ATTORNEY. f UNDERSTAND THIS DOCUMENT COMPLETELY AND I AM AWARE OF THE CONSEQUENCES OF MY PLEA. MY ATTORNEY HAS DISCUSSED WITH ME THE LAW AND FACTS APPLICABLE TO THIS CASE, AND I AM SATISFIED THAT I HAVE BEEN EFFECTIVELY REPRESENTED. FURTHERMORE, I AM MENTALLY COMPETENT; I UNDERSTAND THE ADMONISHMENTS IN PARAGRAPH 1.; I AM FREELY, VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY ENTERING MY PLEA OF "GUILTY". I WAIVE MY RIGHTS AS SPECIFIED IN PARAGRAPH Ill. I STIPULATE TO THE EVIDENCE AND I JUDICIALLY CONFESS AS STATED IN PARAGRAPH IV." SWORN AND SUBSCRIBED TO before me by the Defendant. this trdb day of tJ(}/ ' , 20~~- The Honorable Heather Keller District Clerk Coma! County, Texas I hereby join, consent to and approve of the waiver of jury t i ursuant to Art. 1.13, C.C P., and the stipulations of evidence pursuant to Art. 1.15 C.C. P. In addition, 1hereby advise the Court that I have fully consulted with the Defendant and have carefully reviewed with him/her this entire document. I believe he/she is mentally competent, understands the admonishments, is aware or the consequences or the plea, and is freely, voluntarily, knowingly and intelligently entering his/her plea of "Guilty". his/her waiver of rights as specified in paragraph Ill, and his/her stipulations and judicial confesslon as specified in paragraph IV. I hereby join, consent to and approve of. ( the stipulations or evidence pursuant to Art 1.15, C.C.P.; and (2) the waiver of jury trial pursuant to Art. 1.13, C.C.P., conditioned on the Court accepting this Plea Agreement and sentencing the Defendant in accordance with this Plea Agreement. f• ORDER OF THE COURT The Court hereby finds that (1) the Defendant was sane when the alleged offense was committed, is mentally competent, is represented by competent counsel, understands the nature of the charges against him/her and the consequences of a plea of guilty or nolo contendere, includmg the minimum and maximum punishment provided by law, (2) the attorney for the Defendant and the State consent and approve the waiver of trial by jury and agree to stipulate the evidence in this case; and (3) the Defendant's plea of guilty, statements, waivers, stipulations. and judicial confession were freely, voluntarily, knowingly and intelligently made All stipulations, waivers, and pleas are hereby approved and accepted along with all findings as set out above. IT IS so ORDERED on this the ).O day of N12 i/ , 201_1:. .f._ty/__ n~r~ndant"s lniltals 1'.1\t~ 7 uf7 cAusE No cr<.. a.o11- tIP a ct 11 ~~.1!, c.f /1( THE STATE OF TEXAS § IN THE DISTRICT COURT § OF TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL I, Judge of the trial court, certify this criminal case: 0 is not a plea-bargain case, and the defendant has the right of appeal. [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn 0 or waived, and the defendant has the right of appeal. [or] is a plea-bargain case, but the trial court has given pennission to appeal, and the defendant has the right of appeal. [or] is a plea-bargain case, and the defendant has NO right of appeal. [or] Fill~ .{gjt RECORD def1 t has waived the ri t of appeal. At~a'cluc~.~-M NOV 2 0 7011 HEA"1i-iER N. KELlfR C~tn r l RICT. Q~~S C OM ·C!PUt't IIY~-'cl~~[. I have received a copy of this certification. I have also been informed of my rights concerning any app of thl criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address and that I have only 30 days in which to file a prose petition for discretionary review in the court of appeals. Tex. R. App. P. 68.2 I acknowledge that, ifl wish to appeal this case and ifl am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently living or any change in my current prison wtit. I understand that, because of appellate deadlines, if 1 fail to timely inform my appeJlate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review. "A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. 1n a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contemdere and the pwtishmcnt did not exceed the punishment recommended by the prosecutor and agreed to by the defendant- a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before the trial or (B) after getting the trial court's permission to appeal. "TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2). TELEPHONE NUMBERV. PLEA AGREEMENT AND SENTENCING RECOMMENDATION -In consideration of
I 13. Court Costs and a $15.00 crime stoppers fee. payable at sentencing.
1. Punishment Range·
V. PLEA AGREEMENT AND SENTENCING RECOMMENDATION -In consideration of
7. "This p!ea is made pursuant to a plea bargain."
V. PLEA AGREEMENT AND SENTENCING RECOMMENDATION - In consideration of
Related
Cite This Page — Counsel Stack
Fred Vega, III v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-vega-iii-v-state-texapp-2018.