ACCEPTED
14-15-00057-CR
FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/12/2015 2:53:09 PM CHRISTOPHER PRINE
CLERK
NO. 14-15-00057-cr
IN THE FOURTEENTH COURT OF APPEALS FILED IN 14th COURT OF APPEALS
HOUSTON, TEXAS 5/12/2015 2:53:09 PM
AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk
ROBERT EUGENE PRYOR
APPELLANT
V.
T H E S TAT E O F T E X A S
APPELLEE
On appeal from the 405th Judicial District Court
Galveston County, Texas
Hon. Michelle Slaughter, Presiding
Tr i a l C a u s e N o . 1 3 C R 1 9 1 4
APPELLANT'S ORIGINAL BRIEF
JAMES DUCOTE Te x a s B a r N o . 0 6 1 4 5 5 0 0 3027 Marina Bay Drive, Suite 110 League City, Texas 77573 Phone: (281) 624-6224 Facsimile: (832) 553-7355 e-mail: james@ducotelawfirm.com Attorney for Appellant
NO. 14-15-00057-CR
ROBERT EUGENE PRYOR
APPELLANT
T H E S TAT E O F T E X A S
APPELLEE
I D E N T I T Y O F PA R T I E S A N D C O U N S E L
Appellant certifies that the following is a complete list of the
parties, attorneys, and any other person who has an interest in the
outcome of this lawsuit.
Robert Eugene Pryor
The State of Texas
Counsel for AnDellee
Jack Roady Galveston County Criminal District Attorney 600 59*^^ Street, First Floor Galveston, Texas 77551 Attorney for the State of Texas
3
JAMES DUCOTE Counsel for Appellant
4
TA B L E O F C O N T E N T S
Identity of Parties and Counsel Page 2, 3
Index of Authorities S
Statement of the Case 6
Issues Presented 7
Statement of the Facts 8-10
Summary of the Arguments 11
Argument 12-18
In its Judgment Adjudicating Guilt, the 405^ Judicial District Court
should have entered explicitly that there had been no affirmative
finding of a deadly weapon in Appellant's case, rather than the entry
of "N/A in the Judgment.
C e r t i fi c a t e o f S e r v i c e 20
Certificate of Compliance with TRAP 9.4 21
5
INDEX OF AUTHORITIES
CASES
Kinkade v. State, 184 S.W. 3d 929 at 930 (Tex. App.-Waco 2006, 13 no pet).
Ex Parte Brooks, 722 S.W. 2d 140 (Court of Grim. App. 13 December 1986)
Fann v. State, 702 S.W. 2d 602 (Tex. Crim. App. 1986) 13
Polk V. State, 693 S.W. 2d 391 (Tex. Crim. App. 1985) 13
Travelstead v. State, 693 S.W. 2d 400, 402 (Tex. Crim. 16,17 App. 1985)
Asberry v. State, 813 S.W. 2d 526 at 531 (Tex. App.-Dallas 1991, 17 pet. Ref d.)
Ex Parte Thomas, 638 S.W. 2d 905, 907 (Tex. Crim. App. 1984) 17
Guerrero v. State, 299 S.W. 3d 48 17
RULES
A r t i c l e 4 2 . 1 2 , S e c . 3 f ( a ) 9 2 ) , V. A . C . C . P. 1 2
STATUTES
V. T. C . A . Penal Code Sec. 29.03 6, 8
6
S TAT E M E N T O F T H E C A S E
Robert Eugene Pryor, Appellant pled guilty of the crime of
Aggravated Robbery, as defined by V.T.C.A. Penal Code Sec. 29.03 in the
405':^ Judicial District Court of Galveston County, Texas. The trial Court
deferred entry of an adjudication of guilt, and sentenced Appellant to
five years community supervision. After contested hearing on the State's
Amended Motion to Adjudicate Guilt - Revoke Community Supervision,
and entered a Judgment Adjudicating Guilt in which an entry of "N/A"
was made below the heading of "Findings on Deadly Weapon".
Appellant now appeals his conviction and sentencing for the offense.
7
ISSUES PRESENTED FOR REVIEW
In its Judgment Adjudicating Guilt, the 405"^ Judicial District Court
should have entered explicitly that there had been no affirmative
finding of a deadly weapon in Appellant's case, rather than the entry of
"N/A" in the Judgment.
8
S TAT E M E N T O F T H E F A C T S
On November 5,2013, Appellant pled guilty to the offense of
Aggravated Robbery as defined in V.T.C.A. Penal Code Sec. 29.03. The
trial court deferred entering an adjudication of guilt, and sentenced
Appellant to 5 ears community supervision. On March 25, 2014 the
State of Texas by and through her Criminal District Attorney a Motion to
Adjudicate Guilt-Revoke Community Supervision, a copy of which is
attached as Exhibit "A", alleging that Appellant had violated certain
conditions of his community supervision order, to wit:
"la. On or about the 24*^^ of January, 2014, in Galveston
County, Texas, said Defendant, Robert Eugene Pryor, did then and there
commit the offense of Engaging in Organized Criminal Activity; and
lb. On or about the 24^ day of January, 2014, in Galveston
County, Texas, said Defendant, Robert Eugene Pryor, did then and there,
commit the offense of Possession of a Controlled Substance; and
12. Said Defendant did fail to pay his Community Supervision
Fee as ordered and is currently $180.00 in arrears; and
13. Said Defendant did fail to pay the Costs of Court as ordered
and is currently $30.00 in arrears; and
9
16. Said Defendant did fail to pay the reimbursement to
Galveston County for compensation of appointed counsel as ordered
and is currently $30.00 in arrears; and
16A. Said Defendant did fail to pay Crime Stoppers Program
payment as ordered and is currently $25.00 in arrears; and
19. Said Defendant did fail to pay $10.00 to reimburse for the
costs of drug/alcohol screening; and
40. Said Defendant was in possession of a machete."
On October 20, 2014 the State of Texas by and through her Criminal
District Attorney a Second Amended Motion to Adjudicate Guilt-Revoke
Community Supervision, a copy of which is attached as Exhibit "B",
changing item la. of its first motion to read:
"la. On or about the 24'^ ^ay of January, 2014, in Brazoria
County, Texas, said Defendant, Robert Eugene Pryor, did then and there
commit the offense of Theft of Property >=$50.00<$500.00; and".
On December 15,2014 contested hearing was had on the State's
amended motion. Appellant entered pleas of "True" to all of the State's
allegations, except lb and 40, to which he entered pleas of "false" and
"not true" respectively. After hearing the Trial Court found true all of the
State's allegations, except allegations lb and 40, which it found to be
10
not true. Correlatively; the Court found that because of his incarceration
in the Brazoria County Jail, Appellant didn't have the ability to pay the
fees cited in the State's motions (Alleged violations Nos. 12,13,16,16A
and 19].
The Court sentenced Appellant to serve eighteen years in the
Institutional Division of the Texas Department of Criminal Justice.
11
SUMMARY OF THE ARGUMENTS
In its Judgment Adjudicating Guilt, the 405*^ Judicial District Court
should have entered explicitly that there had been no affirmative
finding of a deadly weapon in Appellant's case, rather than the entry of
"N/A" in the Judgment.
12
FIRST ARGUMENT
THE TRIAL COURT SHOULD HAVE EXPLICITLY ENTERED THAT THERE
An integral and indispensible part of the Texas Parole scheme is
the possibility of parole for a person convicted of most felony crimes.
The operation, timing and possibility of parole depends on the offense
for which the inmate was convicted, the sentence which was imposed,
and upon the behavior of the inmate while in prison. For the offense of
aggravated robbery the availability of parole and the portion of the
sentence which must be served before an inmate becomes eligible for
parole depends upon whether the convicted inmate "used or exhibited a
deadly weapon during the commission of a felony offense or during
immediate flight therefrom". Article 42.12, Sec. 3f (a392}, V.A.C.C.P.
The major, if not the sole, mechanism for transmitting this
information to the Texas Board of Pardons and Parole is contained
within the Judgment (In Appellant's case since this was a hearing on the
State's Motion to Adjudicate Guilt-Revoke Community Supervision and
the State's Second Amended Motion to Adjudicate Guilt-Revoke
Community in which Appellant was adjudicated guilty this information
13
was transmitted in the Order of Deferred Adjudication and the
Judgment Adjudicating Guilt). This document should convey to the
Institutional Division whether there was an affirmative finding of a
deadly weapon.
There are numerous cases defining and requiring the explicitness
of a finding of a deadly weapon.
"The purpose of the deadly weapon finding is to assist in
calculating a prisoner's parole eligibility date." Kinkade v. State, 184 S.W.
3d 929 at 930 (Tex. App.-Waco 2006, no pet).
In Brooks. Ex Parte Brooks, 722 S.W. 2d 140 (Court of Grim. App.
December 1986), the court cited Fann v. State, 702 S.W. 2d 602 (Tex.
Grim. App. 1986) as stating that the trial court had the authority to
make an affirmative finding of a deadly weapon when the court is the
trier of the facts in the punishment phase, and cites Polk v. State, 693
S.W. 2d 391 (Tex. Grim. App. 1985) as delineating the proper methods of
making an affirmative finding.
Polk requires that when a jury is the trier of facts the Court may
not properly enter a finding that it has made an affirmative finding of a
deadly weapon during the commission of the offense unless:
1. The indictment by allegation specifically places the
issue before the trier of fact; or
2. The matter of a deadly weapon arises as a matter of
law (i.e., a pistol is a deadly weapon as a matter per
se); or
3. The trier of fact is presented with and responds in the
affirmative to a special issue regarding the
defendant's use or exhibition of a deadly weapon or
firearm during the commission of the offense.
It appears from the record that the trial court intended that there
be no affirmative finding of a deadly weapon.
Appellant's counsel made the following inquiry;
"MR. SAENZ: To be clear Judge, since the original judgment does
not reflect finding of a weapon, the current judgment does not
reflect that?" (R.R. Vol. 1. P. 110)
To which there was the response:
T H E C O U RT: " I t d o e s n o t .
MR. SAENZ: Okay.
THE COURT: Yes. Mr. Henderson changed that. So there's a --it's
an N/A finding on the deadly weapon, which was how it was
15
reflected in the previous order of deferred adjudication." (R.R. Vol.
tp.llO)
However, there was some discussion by the trial court as to the
effect that entry of "N/A" would have on the time that Appellant would
serve on his sentence before he became eligible for parole. The Court in
its sentencing address to Appellant said:
THE COURT: "All right. Then I'm going to sign the judgment. All
right. And, Mr. Pryor, previously we mentioned that you may only
need to serve a quarter of the time; but that's actually unclear
because there was no - in the underlying paperwork there was no
appropriate affirmative finding of a deadly weapon on that; and,
therefore, this judgment adjudicating guilt does not have a finding
of a deadly weapon. So there's a debate as to whether or not that
means you'll be eligible for parole after a quarter of the time
based on good-conduct time or whether or not you'll have to
serve half the time before you would be eligible." (R.R. Vol. 1, pp.
1 0 9 , 11 0 )
16
The statute does not require any specific wording or terminology
when making a finding that a deadly weapon was used. Travelstead v.
State, 693 S.W. 2d 400, 402 (Tex. Crim. App. 1985).
Appellant is not contending that the trial court did not have the
authority to make an affirmative finding of a deadly weapon, nor that the trial court made an improper finding that no deadly weapon was
used in the offense for which he was adjudicated guilty. Rather,
Appellant contends that the entry of "N/A" in the area of the Judgment
Adjudicating Guilt captioned "Findings on Deadly Weapon" will be
confusing to the Institutional Division of the Texas Department of
Criminal Justice or the Parole Board in their determination of the timing
for Appellant's eligibility for parole. It will leave them in doubt as to
whether there was no affirmative finding of a deadly weapon in
Appellant's case.
If the trial court had entered "yes" or any positive indicator as to
whether the court had made an affirmative finding, or if it had entered
"no" or any negative indicator, parole authorities would be able to
determine how to process Appellant insofar as the timing of his
eligibility for parole is concerned. The Institutional Division of the
Texas Department of Criminal Justice or the Parole Board or the Parole
17
Board should not have to guess what the trial court meant by its entry of
"N/A".
The trial court should be ordered to reform the judgment to
conform with its decision at the time of the hearing.
In Asberry v. State, 813 S.W. 2d 526 at 531 (Tex. App.-Dallas 1991,
pet. Ref d.) the court stated, citing Ex Parte Thomas, 638 S.W. 2d 905,
907 (Tex. Crim. App. 1984] the trier of fact is responsible for making the
affirmative finding concerning the use or exhibition of a deadly weapon.
CitingAdams v. State, 685 S.W. 2d 661, 671 (Tex. Crim. App. 1985} "If
the jury was the trier of facts the affirmative finding must be made by
the jury."
In Asberry Court further held that an appellate court had the
authority to reform a judgment to include an affirmative finding to
make the record speak the truth when the matter is called to attention
by any source. Appellate courts may reform may judgment deleting an
affirmative finding when it has been improperly entered. Travelstead v.
State, 693 S.W. 2d 400, 402 (Tex. Crim. App. 1985.
In Guerrero v. State, 299 S.W. 3d 487, a case in which the trial
court initially deferred adjudication and placed the defendant on
18
community supervision, the Court stated "From this, one could
reasonably deduce that it initially intended to withhold entry of an
affirmative finding relating to the use of a deadly weapon. And it had the
discretion to retain such intent while assessing punishment after
adjudicating him guilty of the crime. So, the trial court's inscribing "N/A"
in the judgment under the label "Findings on Deadly Weapon" may not
have been a mere clerical error, as suggested by the State. It may well
have been the exercise of a legitimate judicial discretion, which, in turn,
prevents us from modifying the document to include a deadly weapon
finding."
Because the entry by the trial court of "N/A" in the judgment may
have been the exercise of legitimate judicial discretion of the court, the
appellate route is the only path presently available to Appellant.
The trial court should be ordered to reform the judgment to
conform with its decision at the time of the hearing.
Appellant requests this Court order the reformation of the
Judgment Adjudicating Guilt in this case to explicitly state that no deadly
was used or involved in this offense, eliminating the term "N/A" from
the judgment.
19
PRAYER
The 405^^ Judicial District Court committed error when it failed to
explicitly enter into its judgment that there had been no finding of a
deadly weapon in Appellant's case.
For these reasons and for the arguments contained herein.
Appellant prays that, upon review and hearing hereof, this Court will
remand this case and require that the Trial Court explicitly enter into
the Judgment Adjudicating Guilt that there was no finding of a deadly
weapon, and delete the entry of "N/A" presently appearing in the
Judgment, and for all such other and further relief at law and in equity,
to which Appellant may show himself justly entitled.
Respectfully submitted,
JAMES DuCOTE 3027 Marina Bay Drive, Suite 110 League City, Texas 77573 281.624.6224 phone 832.553.7355 facsimile e-mail: james@ducotelawfirm.com State Bar No. 06145500 Attorney for ROBERT EUGENE PRYOR
20
C E R T I F I C AT E O F S E R V I C E
I certify that on May 13, 2015, a true and correct copy of foregoing Appellant's Brief was sent to the following counsel of record in accordance with the Texas Rules of Civil Procedure.
rAMES DuCOTE
Jack Roady Galveston County Criminal District Attorney 600 59^^ Street; First Floor Galveston, Texas 77551 Attorney for the State of Texas
21
C E R T I F I C AT E O F C O M P L I A N C E W I T H T R A P 9 . 4
I certify that the length of this Appellant's Appeal was
computed on a 2010 MacBook Pro using Microsoft Word 2013
which was instructed to include all portions of this document not
excluded by TRAP 9.4 (TRAP 9.4 (i)(l) and (3). The word count so
computed is 2,631. The font used in the motion is no smaller that
14 point, except for footnotes, which are no smaller than 12 point.
JAMES DuCOTE
^mrr "P"
Case No. 13CR1914 Count INCIDENT NO./TRN: 9216429917 AOOl 2013 NOV r5 AM 10:09
The State OF Texas § tN THE 405TH JUDICIAL
DISTRICT
ROBERT EUGENE PRYOR GALVESTON COUNTY, TEXAS State ID No.: TX50326688
Order of Deferred Adjudication
Date Order
Judge Presiding: Hon. Michelle Slaughter NOVEMBER 5,2013 Entered:
Attorney for gINAGILMORE Attorney for LY N E T T E BRIGGS State: Defendant: Offense:
A G G R AVAT E D ROBBERY Charging Instrument: Statute for Offense: INDICTMENT 29.03 Penal Code Date of Offense: JULY 11,2013 Findings on Deadb
Degree of Offense: Plea to Offense:
Weapon:
1ST DEGREE FELONY G U I L T YG U I L T Y N N/ A
Terms of Plea Bargain: FIVE (5) YEARS DEFERRED COMMUNITY SUPERVISION Plea to Enhancement Plea to 2" Enhancement/Habitual Paragraph: N/A Paragraph: N/A , si tn F i n dEi nn ghsa m gs nce m e n t / H a 2b i t u a o n l Enhancement Paragraph: N/A ^ N/A Adjudication of Guilt Deferred;
Defendant Placed on Community Supervision.
Period of Community Supervision: FIVE (5) YEARS Fine: Court Costs: Attorney Fees: : saN/.®" $ Ma Restitution: Restitution Payable to:
^ □ VICTIM belo w) (see below) □ AGENCY/AGENT (see
Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code Crjm. Prog, chapter 62 The age of the victim at the time of the offense was .
13-CR-1914 OCJUDQ
Judgment i 744430 4. Report in person to the Supervision Officer, at least once each month as directed by the Supervision Officer and obey all rules and regulations of the G.C.C.S.C.D.;
5. Permit the Supervision Officer to visit at his/her home or elsewhere without restriction; 6. If you are currently working, continue to work at such employment as long as possible and if unemployed, serious attempts must be made to find employment and proof of such attempts must be shown to the Supervision Officer at each reporting session;
7. Remain in the following location: Galveston County, Texas unless obtaining permission to leave from this Court;
8. Support all dependents he/she may have or acquire during the term of Community Supervision; 9. Report within forty-eight (48) hours to the Supervision Officer any change of address, employment, or marital status; any arrests and all sources and amounts of income or money received;
10. Abstain from the use or possession of any drugs, except those taken or possessed under doctors orders; 11. Never become intoxicated; 12. Pay to the G.C.C.S.C.D. $ 60.00 per month as a Community Supervision fee; 13. Pay to the Department of Court Services Court Costs. Such costs shall be paid (by )
(in installments of $ 1(> per month paid each month);
14. Pay to the Department of Court Services a fine of $ . Such fine shall be paid (by ) (in installments of $ per month paid each month);
15. □ Pay to the Department of Court Services $ as restitution to the victim. Such restitution shall be paid (by ) (in installments of $ per montl^aid each month);
16. 0 Pay to the Department of Court Services $ ^^3 to reimburse the County forattomey fees for Court appointed attorney. Such fees shall be paid (by ) (in installments of $ /Q per month paid each month);
16A. 1^ Pay to the Department of Court Services $ 25.00 as a Crime Stoppers Program payment to La Maraue Crime Stoppers or Galveston Crime Stoppers. Such payment shall be paid (by 01/05/141 (in installments of $ per month paid each month;
16B. □ Pay to Department of Court Services $ as repayment of a Crime Stoppers Program award that was distributed in this case. Such payment shall be paid (by ) (in installments of $ per month paid each month). Payment should be forwarded to the above program at: ;
16C. n Pay to the Department of Court Services $ to reimburse the County for extradition costs. Such costs shall be paid (by ) (in installments of $ per month paid each month);
17. □ Pay to the Department of Court Services $ 5.00 per month as a fee to the Sexual Assault Program Fund pursuant to Ajticle 42.12, Section 19 (e) of the Texas Code of Criminal Procedure;
18. n Pay to the Department of Court Services $ 100.00 as a payment to the Resource & Crisis Center of Galveston County, Inc. of Galveston County, Texas, pursuant to Article 42.12, Sec. 11 (h) C.C.P. Such payment shall be paid in full within sixty (60) days from the date of this judgment;
19. 1^ Participate in a drug screening program designed to detect controlled substances as directed by the G.C.C.S.C.D., Defendant agrees to refrain from breaking any Texas drug laws and realizes that failure to get a clean report from such drug screening may alone be sufficient to revoke his/her Community Supervision. Pay to G.C.C.S.C.D. the sum of $10.00 per substance abuse test to reimburse for the cost of drug/alcohol screening. Payment will be assessed at the time of each test;
20A. □ Participate in the Intensive Supervision Program administered through the G.C.C.S.C.D. and report to the Supervision Officer at least once per week or as directed by the Supervision Officer, for a period of one year;
nn riorvipo r\c*i?c»oot?f> -in fTTT\rn novno onot?o'P
20B. □ Participate in the Specialized Substance Abuse Supervision Program administered through the G.C.C.S.C.D. and report to the Supervision Officer at least once a week or as directed by the Supervision Officer for a period of one year; The Defendant shall participate in a substance abuse evaluation and furnish proof to the Supervision Officer of such appointment and a written report with the findings and recommended treatment shall be furnished to the Supervision Officer. The Defendant will maintain the outpatient treatment suggested until finally released by the treatment agency or Court and proof of release furnished to the Supervision Officer in writing;
21. n Not operate a motor vehicle unless the vehicle is equipped with a devise that uses a deep lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator;
22. ^ Abstain from the use of alcohol in any form at any time and do not enter any bar, tavern, lounge or other similar place;
23. n Observe a curfew and be home each night before a.m.. unless a later time is approved in advance by the Community Supervision Office and the Court;
24. O Not operate a motor vehicle on a public road; 25A. □ Serve ( ) day(s) in the Galveston County Jail; credit allowed for ( ) day(s)
served;
25B. O Serve ( ) day(s) on consecutive weekends in the Galveston County Jail, beginning Friday ; Report before 7:00 p.m.; Release at 12:01 a.m. each following Monday; credit allowed for ( ) day(s) served;
25C. O Serve ( ) consecutive day(s) in the Galveston County Jail; Credit allowed for ( ) day(s) served;
25D. □ Serve ( ) day(s) in the Galveston County Jail. Jail time shall be served on weekends commencing at p.m., Friday, . Defendant shall not be released fi-om weekend service until 5:00 p.m. on the Sunday of each weekend served;
25E. n Serve ( ) day(s) in the Galveston County Jail. Jail time shall be served on weekends commencing at 8:00 a.m. on Saturday, . Defendant shall be released fi-om weekend service at 5:00 p.m. on each Saturday and Sunday of service;
25F. H] Serve a term of confinement in a State Jail Felony Facility for a period of ( ) day(s); said term to begin on ^/begin upon admission of the Defendant into the facility and obey all rules and regulations, and participate in the rehabilitative programs of said facility until discharged from the facility;
26. 13 Perform 320 hour(s) of Community Service work as approved by the Court. Said hours shall be completed at a rate of no less than sixteen (16) hours per month until completed;
27A. 3 Demonstrate to the G.C.C.S.C.D. that Defendant has attained an education skill level that is equal to or greater that the average skill level of students who have completed the sixth grade in public schools in this State;
27B. 3 Attain the educational skill level set forth in 27A above; 28. n Attend and successfully complete a program designed to educate persons on the dangers of drug abuse pursuant to V.T.C.A. Transportation Code, Section 521.374;
29. □ Attend counseling sessions for substance abusers; participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse. The Defendant shall remain in therapy until released by the Substance Abuse Treatment Program and proof of release shall be furnished to the Supervision Officer in writing;
r*r\ r%i>T\o*i» rtn^Tr" novoo o/^opoi* pi
30. Q Attend weekly meetings of Alcoholics/Narcotics Anonymous and furnish proof of attendance to the Supervision Officer. The Defendant shall attend A.A./N.A. meetings until released by the Supervision Officer;
31. n The Defendant is ordered not to directly communicate with or go near a residence, school or other location, to-wit: ; Q The Defendant may have supervised access to as follows, to-wit: ;
32. Q Attend psychological counseling sessions at the direction of the Supervision Officer.
D Pay % of the reasonable and necessary costs incurred by for psychological counseling made necessary by the offense for a period not to exceed one year. The Court finds the Defendant is financially able to make said payments;
33. n Within thirty (30) days make an appointment for a SUBSTANCE ABUSE assessment evaluation and furnish proof to the Supervision Officer of such appointment and then a written report with the findings and recommended therapy shall also be furnished to the Supervision Officer. The Defendant will maintain the treatment suggested until finally released and proof of release once again furnished to the Supervision Officer in writing;
34. Q Within thirty (30) days from today's date the Defendant is ordered to enroll in Battering Intervention and Prevention Program (BIPP) for family and/or domestic violence. The Defendant must attend and successfully complete said Battering Intervention and Prevention Program (BIPP). Upon completion of this Program, the Defendant must provide written documentation of completion to the Community Supervision Officer. The Defendant will be financially responsible for these services;
35. []] Within thirty (30) days from today's date the Defendant is ordered to enroll in a Domestic Violence and/or Anger Control Program. The Defendant shall attend and successfully complete said Program. Upon completion of this Program, the Defendant must provide written documentation of completion to the Community Supervision Officer. The Defendant will be financially responsible for these services;
36. O The Defendant's driver's license will be suspended for 180 days and continue for an indefinite period up and until the Defendant completes the education program required in condition #28 of the Judgment, pursuant to V.T.C.A. Transportation Code, Section 521.372;
37. n Defendant is ordered as a condition of conununity supervision, to provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under other state law; and
M E N TA L H E A LT H C A S E L O A D P R O B AT I O N C O N D I T I O N S
38. 0 Defendant shall meet with representatives of the Galveston County Community Supei^ion and Corrections Department and the Gulf Coast Center MHMR Program oWilfBi^Bii^chedule subsequent meetings and appointments, complete necessarv evaluations and receive required instructions:
39. ^ Defendant shall participate as directed by the Galveston County Community Supervision and Corrections Department and obey all rules, regulations and policies of any mandated programs the Defendant is participating in until successfully terminated by the Court;
40. 13 Defendant shall not purchase, obtain, or have in his/her possession a rifle, shotgun, handgun or any weapon deemed illegal, unlawful or prohibited by law, either at home, in a motor vehicle or on his/her person;
T\r% r*of>c»o oo *r> n*T>rr* 4Tfo\f novr^o
^ Defendant is ordered to abide by a curfew and be at his/her residence between the hours of 10:00 p.m. and 6:00 a.m. except as otherwise mandated by work requirements and travel to and from work and approved by the Court; ^ Defendant shall submit to an assessment by the Gulf Coast Center MHMR Program and if deemed necessary see a psychiatrist or psychologist within sixty (60) days from date of judgment and follow all recommendations including compliance with medications, follow-up appointments with the psychiatrist, psychologist and/or case manager, and participate in the proffam of the Gulf Coast Center MHMR following their rules, regulations and policies; ^ ^ S The Defendant herein is ordered to report to the Gulf Coast MHMR Program Designated Representative and provide proof of compliance with any medication requirements; O The Defendant herein is ordered to report the 3"* Tuesdav of each month at 8:30 a.m. for a status conference before the Court until the case is disposed; H The Defendant herein is ordered to provide a copy of all current prescriptions to the Court, Galveston County Community Supervision and Corrections Department and the Gulf Coast MHMR Program and advise the same of any changes in prescriptions; ^ The Defendant herein, if employed, is ordered to provide to the Court and the Gulf Coast MHMR Program name and address of emnlover and the davs and hours the Defendant is required to work: ^ The Defendant herein, shall not directly or indirectly communicate with REBECCA STARLA CHURCHILL, who is the alleged victim in this case or go near the above named victim's residence, ftna SKm&L or place or employment or business, l~l The Defendant herein, shall not come any closer than five (500) vards from the above described prohibited places;
F u r t h e r m o r e , t h e f o l l o w i n g s p e c i a l fi n d i n g s o r o r d e r s a i
Signed and Entered on this the 5TH day of November. A.D., 2013.
JUDGE PRESIDING 405TH JUDICIAL DISTRICT COURT GALVESTON COUNTY, TEXAS
A copy furnished to the above named Defendant and noted in the Docket on this the 5TH day of November. A.D., 2013.
JOHN D. KINARD, DISTRICT CLERK, GALVESTON COUNTY, TEXAS
BY: DEPUTY CLERK 405TH JUDICIAL DISTRICT COURT GALVESTON COUNTY, TEXAS
DEFENDANT'S RIGHT THUMBPRINT
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Case No. 13CR1914 Count Incident No./TRN: 921-642-9917 IS
T h e S t a t e o f Te x a s IN THE JUDICIA^i / 6 V. DISTRICT COURTrbF'
ROBERT EUGENE PRYOR GALVESTON COUNTY, TEXAS S TAT E I D N O . : T X 5 0 3 2 6 6 8 8
Judgment Adjudicating Guilt
Date Judgment
Judge Presiding: Hon. Michelle M. Slaughter DECEMBER 15, 2014 Entered:
Attorney for Attorney for CHRISTOPHER HENDERSON A LV I N SAENZ State: Defendant: Date of Original Community Supervision Order: Statute for Offense: NOVEMBER 5,2013 29.03 Penal Code Offense for which Defendant Convicted: A G G R AVAT E D ROBBERY Date of Offense: JULY 11,2013 Plea to Motion to
Degree: Findings on Deadly Weapon:
Adjudicate: TRUE TO lA, 12,13,16, 16A,& 19 PLEAD NOT TRUE TO IB, i&40 COURT FOUND TRUE
1ST DEGREE FELONY l A N/A COURT FOUND TRUE I N A B I L I T Y TO PAY TO 12,13,16,16A,&19 COURT FOUND NOT TRUE TO 1B&40
Terms of Plea Bargain: EIGHTEEN (18) YEARS INSTITUTIONAL DIVISION, TDCJ Date Sentence Date Sentence to DECEMBER 15, 2014 DECEMBER 15, 2014 Imposed: Commence: Punishment and Place of EIGHTEEN (18) YEARS INSTITUTIONAL DIVISION, TDCJ C o n fi n e m e n t :
T H I S S E N T E N C E S H A L L R U N C O N C U R R E N T LY.
□ SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A . \ Fine: Court Costs: Attorney Fees:
$291.00+<3 $342.00 + ^12.00 .<>0
13-CR-1914 OCJUDQ Judgment 9S5786
13CR19H JUDGMENT ADJUDICATING GUILT - PRYOR. ROBERT EUGENE Page I ofS
All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.
The Court previously deferred adjudication of guilt in this case. Subsequently, the Court heard the matter of Defendant's compliance with and obedience to the terms and conditions of the Court's Order of Deferred Adjudication of Guilt. The State appeared by her Criminal District Attorney.
C o u n s e l / Wa i v e r o f C o u n s e l ( s e l e c t o n e )
S Defendant appeared in person with Counsel.
Q Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
After hearing and considering the evidence presented by both sides, the Court Finds the following: (1)
The Court previously found the Defendant to be qualified for community supervision; (2) The Court deferred further proceedings, made no finding of guilt, and rendered no judgment; (3) The Court issued an order placing Defendant on community supervision for a period of Five (51 vears. No fOl months; (4) The Court assessed a fine of $ N/A: (5) While on community supervision. Defendant violated the terms and conditions of community supervision as set out in the State's AMENDED Motion to Adjudicate Guilt as follows:
la. On or about the 24th day of January, 2014, in Brazoria County, Texas, said Defendant, Robert Eugene Pryor, did then and there commit the offense Theft of Property >=$50<$500; and
lb. On or about the 24th day of January, 2014, in Brazoria County, Texas, said Defendant, Robert Eugene Pryor, did then and there commit the offense of Possession of a Controlled Substance; and
12. Said Defendant did fail to pay his Community Supervision fee as ordered and is currently $ 180.00 in arrears; and
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13. Said Defendant did fail to pay the Costs of Court as ordered and is currently $ 30.00in arrears; and
16. Said Defendant did faU to pay the reimbursement to Galveston County for compensation of appointed counsel as ordered and is currently $ 30.00 in arrears; and
16A. Said Defendant did fail to pay Crime Stoppers Program payment as ordered, and is currently $ 25.00 in arrears; and
19. Said Defendant did fail to pay $10.00 to reimburse for the cost of drug/alcohol screening; and
40. Said Defendant was in possession of a machete;
Accordingly, the Court Grants the State's Motion to Adjudicate the Defendant's Guilt in the above cause.
Finding the Defendant committed the offense on the date as noted above, the Court ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the offense. The Court Finds the Pre-sentence Investigation, if so ordered, was done according to the applicable provisions of T£x: CODE CRM, PROC. 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.
Punishment Options (select onel
^ 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 take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendant to be confined for the period 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 fiom confinement. Defendant proceed immediately to the Galveston Countv and Pre-Trial Services. 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 above.
Q County Jail—Confinement / Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of GALVESTON COUNTY, TEXAS on the date the sentence is to commence. Defendant shall be confined in the GALVESTON COUNTY JAIL for the period indicated above. The Court ORDERS that upon release firom confinement. Defendant shall proceed immediately to the Galveston Countv and Pre-Trial Services. 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 above.
Q Punishment reduced to a Class *'A" Misdemeanor under Article 12.44 (a), Texas Penal Code.
O Fine Only Payment The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS D e f e n d a n t t o p r o c e e d i m m e d i a t e l y t o t h e O f fi c e o f t h e G A LV E S T O N C O U N T Y Galveston Countv and Pre-Trial Services. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution / Suspension of Sentence (select one1
13 The Court Orders Defendant's sentence executed.
n The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate 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 Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Attachment is attached hereto and incorporated herein for all purposes.
F u r t h e r m o r e , t h e f o l l o w i n g s n e c i a i fi n d i n g s o r o r d e r s a i
Signed and Entered on this the 15TH day of December. A.D., 2014.
JUDGE PRESIDING 405TH JUDICIAL DISTRICT COURT GALVESTON COUNTY, TEXAS
A copy furnished to the above named Defendant and noted in the Docket on this the 15TH day of December. A.D., 2014.
JOHN D. KINARD, DISTRICT CLERK, GALVESTON COUNTY, TEXAS
BY:l A>^^^|pfc>^DEPUTY CLERK 405TiaUDICIAL DISTRICT COURT GALVESTON COUNTY, TEXAS
DEFENDANTS RIGHT THUMBPRINT
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AT TA C H M E N T A
S TAT E O F T E X A S
VS.
ROBERT EUGENE PRYOR CAUSE NO;13CR1914
( ) Pursuant the Texas Code of Criminal Procedure, the Court flnds that the victim(s) of this crime is (are)
owed restitution. Such restitution shall be ordered as a condition of parole.
VICTIM:
ADDRESS:
AMOUNT: J
( X) Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to The Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $ 342.00 +llOQ gO as reimbursement for court appointed attorney fees. Such fees shall be ordered as a condition of parole.
( X ) Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pav to The Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $ 291.00+ L/l.iro for Court Costs. Such costs shall be ordered as a condition of parole.
( ) Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to The Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $ as a fine. Such fine shall be ordered as a condition of parole.
(X) Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to La Marune Crime Stonners Program or Galveston Crime Stoppers Program. $ 25.00 as repayment for a Crime Stoppers award distributed in this case. Such repayment shall be ordered as a conation of parole.
( ) Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to the Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551$ to reimburse the County for extradition costs. Such costs shall be ordered as a condition of parole.
( ) Attend and successfully complete a program designed to educate persons on the dangers of drug abuse pursuant to V.T.C.A. Transportation Code, Section 521J74.
( ) The Defendant's driver's license will be suspended for 180 days and continue for an indefinite period up and until the Defendant completes the education program pursuant to V.T.C.A. Transportation Code, Section 521J72.
( ) The Defendant's driver's license will be suspended for one (1) year.