Salvador Becerra v. State

• Court: Court of Appeals of Texas
• Decided: December 14, 2015
• Docket: 12-16-00093-CR
• Status: Published

Opinion

Case No. C-43,743 Count one Incident No./trn-. 9206687328 - w JS* C3 3 X Q: The State of Texas § In The 244TH District a ,a> a> o «~"Q § o 2H 1 us v. § Court _ o Q 3- T CSI 0 <-l § m O 3 t— ^i SALVADOR BECERRA § ECTOR County, Texasj to o-Cl cM-J

STATEIDNO.:TX50461912 0 UU iJU~^i c u• -J«5^M Judgment of Conviction by Jury Date Judgment Judge Presiding: HON. JAMES RUSH 12/14/2015 re Entered: BOBBY BLAND Attorney for Attorney for State: JUSTIN LOW LISA BORDEN Defendant:

Offense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY Charging Instrument: Statute for Offense: INDICTMENT 39.0.4 Penal Code Date of Offense: 2/16/2014 Degree of Offense: Plea to Offense: STATE JAIL FELONY NOT GUILTY Verdict of Jury: Fjndingsjm Deadly Weapon: GUILTY N/A~ Plea to 1" Enhancement Plea to 2a

JURY 12/14/2015 12/14/2015 Punishment and Place of Confinement: ONE (1) YEARS STATE JAIL DIVISION, TDCJ THISSENTENCE SHALL RUN CONCURRENTLY. • SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR Fine: Court Costs: Restitution: Restitution Payable to: S 10,000.00 $244.00 $0.00 D VICTIM (see below) D AGENCY/AGENT (see below) _X_ Attachment.A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof^ SexOffender Registration Requirements do not apply to the Defendant. Tex. Code Crim. Proc. chapter 62. The age ofthe victim at the time ofthe offense wasN/A If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. From 3/13/2014 to 3/17/2014 From 3/31/2014 to 4/1/2014 From 5/29/2014 to 9/4/2014 Time From 12/11/2015 to 12/14/2015 From to From to Credited: If Defendant is to serve sentence in county jail or is eiven credit•toward fine and costs, enter days credited below, N/A DAYS NOTES: N/A Ail pertinent information, names and assessments indicated above are incorporated into the language ofthe judgment below by reference. This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) [X} Defendantappeared in person with Counsel. D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in .writing in open court. Itappeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. Ajury was selected, impaneled, and sworn. The INDICTMENT was read to the jury and Defendant entered a plea to the charged offense. The Court received the plea and entered itof record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any. Iteceira, Salvador C«I3.743 CT 1Conviction by Jury Page I of2 The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed by Jury / Court / No election (select one) IE3 Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury' heard evidencerelative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. • Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. D No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FlNDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE Crim. 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 one) §3 Confinement in State Jail or Institutional Division. The CourtOrders the authorized agent of the State of Texas or the Sheriffof this County to take, safelyconvey, and deliverDefendant to the Director, State Jail 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 ofthe Sheriff ofthis county until the Sheriffcanobey the directions ofthis sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court ORDERS Defendant topay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. • County Jail—Confinement / Confinement in Lieu of Payment. The CourtORDERS Defendant immediately committed to the custody ofthe SheriffofEctor County, Texas on the date the sentence is to commence. Defendant shall be conGned in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, courtcosts, and restitution as ordered by the Court above. 'Q Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office ofthe Ector County . Once there, the Court ORDERS Defendant to pay ormake arrangements topay all fines and court costs as ordered by the Court in this cause. Execution / Suspension of Sentence (select one) [X] The Court ORDERS Defendant's sentence EXECUTED. • The CourtOrders Defendant's sentence ofconfinement 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 ofcommunity supervision is incorporated intothis judgment by reference. The CourtORDERS that Defendant is given creditnoted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply: THE COURT ORDERS THAT DEFENDANT PAY:

$ 10,000.00 FINE $ 244.00 COURT COSTS

Signed and entered on December 14, 2015

Clcr

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ISocerra. Salvador C-13.7-13 CT 1 Conviction by Jury Pope 2 of 2 Case No. C-43,743 COUNT TWO INCIDENT NO./TRN: 9206687328

The State of Texas § In The 244TH District § v. § Court § SALVADOR BECERRA § ECTOR County, Texas

SlAlLlDNo TX50461912

JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Piesidtng. Hon. JAMES RUSH 12/14/2015 Entered: BOBBY BLAND Attorney for Attorney for State: JUSTIN LOW LISA BORDEN Defendant:

Offense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY Charging Instrument: Statute for Offense: INDICTMENT 39.04 Penal Code D a te. of.Offense.: 2/19/2014 Degree of Offense: Plea to Offense: STATE JAIL FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon:

GUILTY N/A Plea to Is' Enhancement Plea to 2nA Enhancement/Habitual Paragraph: N/A Paragraph: , N/A Findings on 1st Enhancement Findings on 2nii Paragraph: N/A Enhancement/Habitual Paragraph: N/A_ ,___ Date Sentence, to. Com;mejice: Punished Assessed by: JURY 12714/2015 12/14/2015 Punishment and Place TWO (2) YEARS STATE JAIL DIVISION, TDCJ of Confinement: THISSENTENCE SHALL RUN CONCURRENTLY. ^SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS. Fine: Court Costs: Restitution: Restitution Payable to: $0.00 so.oo so.oo D VICTIM (see below) • AGENCY/AGENT (see below)

[ IAttachment A, Order to Withdraw Funds,is 12521^1———IJ^I^^Ll^ made "part hereof- SexOifenlier^^ do not apply to the Defendant. TEX. Code Crim. PilOC. chapter 62. The ageofthe victim at the time ofthe offense was N/A _ ,„„_ „ _,„„,.,,.=_._ _ _>»- ''*Tf?)tifend^inrrrt7sl~v^ From to From to From to Time From to From to From to Credited: IfDefendant is toserve sentence in county iail or is given credittoward fine and costs, c.nt^riiriAasallMMloa!, N/A DAYS NOTES: N/A All pertinent information, names aJuUi^mlin^ of the judgment beiow by reference. This cause wascalled for trial in Ector County, Texas. TheState appeared by her District'Attorney. Counsel / Waiver of Counsel (select one) EX] Defendantappeared in person with Counsel. • Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument Both parties announced ready for trial. Ajm? was selected, impaneled, and sworn. The INDICTMENT was read to the jury and Defendant entered a plea to the charged offense. The Court received the plea and entered itof record.

Bwerra. SaU'.idoi C-13.743 CT1 Conviction byJury l'as»l »f 2 The jury heard the evidence submitted and argument ofcounsel. The Court charged thejury as to its duty todetermine the guiltor innocence of Defendant, and thejury retired to consider the evidence. Upon returning to open court, thejury delivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and Ordered it entered upon the minutes of the Court. Punishment Assessed by Jury / Court / No election (select one) •E3 Jury. Defendantentered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question ofpunishment. The Courtcharged the jury and it retired to consider the question ofpunishment. Afterdue deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. • Court. Defendant elected to have the Court assess punishment. Afterhearingevidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. D No Election. Defendantdid not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of Tfx CODE CRIM. PROC. art. 42.12 § 9. The Court Orders Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, courtcosts, and restitution as indicated above. Punishment Options (select one) £<] Confinement in State Jail or Institutional Division. The CourtORDERS the authorized agent of the State ofTexas or the Sheriff ofthis County totake, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendantremanded to the custody oftheSheriffofthis county until the Sheriff can obey the directions ofthis sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE 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 above. • County Jail—Confinement / Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody ofthe Sheriff ofEctor County, Texas on the date thesentence is tocommence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, ormake arrangements to pay, any remaining unpaid fines, courtcosts, and restitution as ordered by the Courtabove. D Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Ector County . Once there, the Court ORDERS Defendant to pay ormake arrangements to pay all fines and court costs as ordered by the Court in this cause. ILxecutLQfii..^ • The Cou7t ORDERS Defendant's sentence EXECUTED. E3 The Court ORDERS Defendant's sentence ofconfinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long asDefendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions ofcommunity supervision isincorporated into this judgment by reference. The Court ORDERS that Defendant is given credit rioted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply:

Clerk/x2^J^d^a

Occerra, SalvadorC-S3.743 Cf 2-Carivi«i«n byJtuy Page 2 of 2 CASE NO. C-43,743 Count THREE O o INCIDENT NO./TRN: 9206687328 o to b Q CXJ § In The 244TH DisTRicmj -J § ••a**

V. § Court I It § SALVADOR BECERRA § ECTOR County, Texas § rat STATE ID NO.: TX50461912 §

Judgment of Conviction by Jury Date Judgment Judge Presiding: HON. JAMES RUSH Entered: 12/14/2015

BOBBY BLAND Attorney for Attorney for State: JUSTIN LOW LISA BORDEN Defendant:

Offense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY Charging Instrument: Statute for Offense: INDICTMENT 39.04 Penal Code Date of Offense: 2/21/2014 Degree of Offense: Plea to Offense: STATE JAIL FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon: GUILTY N/A Plea to Is' Enhancement Plea to 2nd Enhancement/Habitual Paragraph: N/A Paragraph: N/A Findings on 1stEnhancement Findings on 2nd Paragraph: N/A Enhancement/Habitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence:

JURY 12/14/2015 12/14/2015 Punishment and Place TWO (2) YEARS STATE JAIL DIVISION, TDCJ of Confinement:

THISSENTENCE SHALL RUN CONCURRENTLY. Xl SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS. Fine: Court Costs: Restitution: Restitution Payable to: $0.00 $0.00 $ 0.00 D VICTIM (see below) Q AGENCY/AGENT (see below) | | Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CilJM. PROC. chapter 62. The age ofthe victim at the time of the offense wasN/A . If Defendant is to serve sentence in TDCJ. enter incnrceratioiipm^^ From to From to From to Time From to From to From to Credited: If Defendant is to serve sentence in countv iail or is given credit toward fine and costygntejig^^ N/A DAYS NOTES: N/A All pertinent information, namiss aindassessments indicated above are incorporated into, the language of the judgment below by reference. iili!ll!im!i!lll!i!!lii!U!iiii

This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) 13 Defendant appeared in person with Counsel. • Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court thai, Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. Ajury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it ofrecord.

Bccerro, Salvador 043,74:1 CT 3 Conviction by.Jury Paee I of 2 The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict, in the presence of Defendant and defense counsel, if any. The Court received the verdict and Ordered it entered upon the minutes of the Court. Punishment Assessed by Jury/ Court/ No election (select one) K! Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. D Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. • No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court, assessed Defendant's punishment as indicated above. The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable pro%'isions of TEX, CODE CRIM. 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 one) E3 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriffof this County to take, safely convey, and deliver Defendant to the Director, State Jail 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 ofthe Sheriff ofthis county until the Sheriff canobey the directions ofthis sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, anyremaining unpaid fines, courtcosts, and restitution as ordered by the Court above. • County Jail—Confinement / Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to thecustody oftheSheriff ofEctor County, Texas on the date the sentence is to commence. Defendant shall be confined in theEctor County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court ORDERS Defendant topay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Courtabove. D Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court Orders Defendant to proceed immediately to the Office ofthe Ector County . 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 one) • The Court ORDERS Defendant's sentence EXECUTED. ESI The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long asDefendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions ofcommunity supervision is incorporated into this - judgment by reference. The Court Orders that Defendant is givencredit noted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply:

DGE PRESIDING

Cler

UoMWii, Srilvmloi' C 43,7-13 CT 3 Comwion by Jury Page 2 of 2 Case No. C-43,743 Count SIX INCIDENT NO./TRN: 9206687328

The State of Texas § In The 244TH District § O v. § Court o u § o to

o SALVADOR BECERRA § ECTOR County, Tej®s csa uj in

STATE ID NO.: TX50461912 § UJ ^ Judgment of Conviction by Jury Date Judgment Judge Presiding: Hon. JAMES RUSH 12/14/2015 Entered: BOBBY BLAND Attorney for w. Attorney for State: JUSTIN LOW LISA BORDEN Defendant: JbMVSS3B££3£&&£a

Offense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY Charging Instrument: Statute for Offense: INDICTMENT 39.04 Penal Code Date of Offense: 3/2/2014 Degree of Offense: Plea to Offense: STATE JAIL FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon: GUILTY N/A Plea to 1st Enhancement Plea to 2Bd Enhancement/Habitual Paragraph: N/A Paragraph: ^ N/A Findings on lsl Enhancement Findings on 2nd Paragraph: N/A Enhancement/Habitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence:

JURY 12/14/2015 12/14/2015 Punishment and Place TWO (2) YEARS STATE JAIL DD7ISION, TDCJ of Confinement: THIS SENTENCE SHALL RUN CONCURRENTLY. SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS. Fir Court Costs: Restitution: Restitution Payable to: $0.00 $0.00 $ 0.00 • VICTIM (see below) D AGENCY/AGENT (see below) [ | Attachment A, Order to Withdraw Funds, is incorporated into this judgment and wade a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62. The age ofthe victim at the time ofthe offense was N/A . If Defendant is toservesentence in TDCJ. enter incarceration periods in chronological order, From to From to From to lime From to From to From to Credited: If Defendant is to serve sentence in county jail or isgiven credit toward fine and costs, enter days credited below. N/A DAYS NOTES: N/A '. __^_ All pertinent information, names a"n"31Tssoswnents indicated above are incorporated into the language orthe judgment below by reference. This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) [X] Defendant appeared in person with Counsel. • Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded asshown above to the charging instrument. Both parties announced ready for trial. Ajury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered itof record.

Btturra. Salvador C-43.T.13 CT 0 Conviction by Jury I'iirc !of2 The jury heard the evidence submitted and argument ofcounsel. The Courtcharged the jury as to its duty to determine the guilt or innocence ofDefendant, and the jury retired to consider the evidence. Upon returning to open court, the jurydelivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed bv Jury / Court / No election (select one) [Xj Jury. Defendant entered a plea and filed a writtenelection to have the jury assesspunishment. The jury heard evidence relative to the question ofpunishment. The Courtcharged the jury and it retiredto consider the question ofpunishment. Afterdue deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. D Court. Defendant elected to have the Courtassess punishment. After hearingevidence relative to the question ofpunishment, the Court assessed Defendant's punishment as indicated above. • No Election. Defendant did not file a written election as to whether the judgeor jury shouldassess punishment. Afterhearing evidence relative to the question ofpunishment, the Courtassessed Defendant's punishment as indicated above. The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the appbcable provisions of TEX. CODE CRIM. 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 one) EJ Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent ofthe StateofTexas or the Sheriff ofthis County to take, safely convey, and deliver Defendant to the Director, State Jail 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 ofthe Sheriff ofthis county until the Sheriff can obey the directions ofthis sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, ormake arrangements to pay, any remaining unpaid fines, court costs, and restitution asordered by the Court above. D County Jail—Confinement / Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court ORDERS thatupon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE 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 above. n Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Ector County . 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 one) • The Court Orders Defendant's sentence EXECUTED. [*J 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. Furthermore, the following special findings or orders apply:

Clerk:

Bceerra,'Salvador C «.'?43 CT6 Convictmnby Jury Page 2 of 2 CASE NO. C-43,743 Count SEVEN INCIDENT NO./TRN: 9206687328

The State of Texas § In The 244TH District g § v. Court Q to

SALVADOR BECERRA ECTOR COUNTY, TEL^S STATE ID NO.: TX50461912

Judgment of Conviction by Jury Date Judgment 05 Judge Presiding: Hon. JAMES RUSH 12/14/2015 Entered: BOBBY BLAND Attorney for Attorney for State: JUSTIN LOW LISA BORDEN Defendant:

QJTense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY Charging Instrument: Statute for Offense: INDICTMENT 39.04 Penal Code Date of Offense: 3/9/2014 Degree of Offense: Plea to Offense: STATE JAIL FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon; GUILTY N/A Plea to 1st Enhancement Plea to 2nd Enhancement/Habitual Paragraph: N/A Paragraph: N/A Findings on 1st Enhancement Findings on 2nd Paragraph: N/A Enhancement/Habitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence:

JURY 12/14/2015 12/14/2015 Punishment and Place TWO (2) YEARS STATE JAIL DIVISION, TDCJ of Confinement: THISSENTENCE SHALL RUN CONCURRENTLY. ^ SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS. Eine; Court Costs: Restitution: Restitution Payable to:

$0.00 $0.00 SO.OO • VICTIM (see below) • AGENCY/AGENT (see below) Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a parthereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62. The ageofthe victim at the time ofthe offense wasN/A . If Defendant is to servo sentence- in TDCJ. enter incnrcenition.p.eripdsj^^ From to • From to From to Time From to From to From to Credited: font is toserve sentence in county iailor is given credit toward fine and costs. entgrjtoyACrMtfiilicJow. N/A DAYS NOTES: N/A n ., .„ , _ , _ _ _ '"f'ii'n-Trrain«Kiin^[i!;i:»;;K •msisssasstSKtsamimi^f

This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) [X] Defendantappeared in person with Counsel. • Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. Itappeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. Ajury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered aplea to the charged offense. The Court received the plea and entered itof record.

Iktcna, Salvador C-1.VM3 CT 7 Convictionby ,Kuy I'uge 1 of 2 The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and Ordered it entered upon the minutes of the Court. Punishment Assessed bv Jury/ Court-/No election (select one) [>3 Jury. Defendant entered a plea and Sled a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. O Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above, D No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FlNDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of Tex. Code CniM. PROC. art. 42.12 § 9. The Court OKDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) K 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, State Jail 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 Sheriffof this county until the Sheriffcan obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE 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 above. • County Jail—Confinement / Confinement in Lieu of Payment. The CourtORDERS Defendant immediately committed to the custody of theSheriffofEctor County, Texas on the date the sentence is tocommence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court ORDERS that upon release from confinement. Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, courtcosts, and restitution as ordered by the Courtabove. D Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Ector County . Once there, the Court ORDERS Defendant to payor make arrangements to payall fines and court costs as ordered by the Court in this cause. Execution / Suspension of Sentence (select one) • The Court ORDERS Defendant's sentence EXECUTED. 13 The Court ORDERS Defendant's sentence ofconfinement 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 ofcommunity supervision is incorporated into this judgment by reference. The Court ORDERS that Defendantis given credit noted above on this sentencefor the time spent incarcerated. Furthermore, the following special findings or orders apply:

Bccei-t'a. iraiwidor C-13.743 CT 7 Conviction l>>* Joey I»3RC 2 of 2