Treshawn Jahmal Robinson v. State

• Court: Court of Appeals of Texas
• Decided: May 1, 2019
• Docket: 05-19-00516-CR
• Status: Published

Opinion

5/1/2019 SCANNED Page1

CAUSE NO. 401 -82805-20| 8

STATE 0F TEXAS § 1N THE 401$T DISTRICT COURT § vs. § 0F FILED IN § 5th COURT OF APPEALS TRESHAWN JAHMAL ROBINSON § COLLIN COUNTY,DALLAS, TEXAS TEXAS 05/01/2019 12:33:01 PM 02%: LISA MATZ Clerk TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the defendant, his/her attorney (if shown below), and the attorney for the State 0f Texas, and would show the Court that the defendant will plead lesser included offense agreement: ofthe charge in (Count _ GUILTY t0 the offense

0f) the of SEXUAL ASSAULT as charged charging instrument and they make the following plea in or as a

Term of Confinement: (years) (months) (days). V m D Post-conviction community supervision for (years) (months) (days). f: ‘

D Deferred community supervision for (years) (months) (days). i: D Pay fine in the amount 0f $ , as directed by the Supervision Office. T D Pay restitution, jointly and severally with co-defendant(s) in the amount 0f $ {t >

. gs:

D Affirmative finding the defendant used or exhibited a deadly weapon, to-wit: 5’2

D D Serve _ Pay $50.00 to Crime Stoppers within

days in the thirty (30) days.

Collin County Jail to begin

D Work Release D Off Work Hours D Weekends D Perform hours of community service work at the rate 0f 10 hours per month managed and facilitated by such agencies as the Supervision Officer directs and pay all costs associated therewith, as directed by the Supervision Officer.

D Have no contact with co-defendant(s), to-wit:

D Testify honestly about any co-defendant’s participation in this offense, to-wit:

D Have no direct communication with the victim, , and his/her family and maintain a distance of at least 50 yards from the victim’s residence or place of employment.

D Provide identity 0f drug source.

D Driver’s License is suspended for years.

D Participate in and successfully complete the SAFP Program in the Institutional Division and aftercare program.

D Other:

COMPLY WITH ALL OTHER CONDITIONS OF COMMUNITY SUPERVISION AS DIRECTED BY THE SUPERVISION OFFICER.

Revised: 09/01/2017 1

6K .\ COURT’S ADMONITIONS TO DEFENDANT

.— The offense of SEXUAL ASSAULT as charged in (or as a lesser included offense 0fthe charge in) (C0unt_ ofl the charging instrument has a range of punishment (as enhanced, if applicable) 0f (check one below): Capital Offense (Death Penalty Waived): Life without parole in the Institutional Division ofthe Texas Department 0f Criminal Justice. l“ Degree Felony: Life or any term not more than 99 years 0r less than 5 years in the Institutional Division of the Texas Department of Criminal Justice and an optional fine not to exceed $ 0,000. 1

2nd Degree Felony: A term not more than 20 years or less than 2 years confinement in the Institutional Division 0f the Texas Department of Criminal Justice and an optional fine not t0 exceed $10,000. 3rd Degree Felony: A term not more than 10 years or less than 2 years confinement in the Institutional Division 0fthe Texas Department 0f Criminal Justice and an optional fine not t0 exceed $10,000. State Jail Felony: A term not more than 2 years 0r less than 180 days confinement in a State Jail and an optional DDDUDDDKDD fine not to exceed $10,000. Habitual Offender: Life 0r a term not more than 99 years or less than 25 years confinement in the Institutional Division of the Texas Department 0f Criminal Justice. l“ Degree Felony Enhanced: Life or any term not more than 99 years or less than 15 years in the Institutional Division 0fthe Texas Department of Criminal Justice and an optional fine not t0 exceed $10,000. 2““ Degree Felony Enhanced: Life or any term not more than 99 years 0r less than 5 years in the Institutional Division 0fthe Texas Department of Criminal Justice and an optional fine not to exceed $10,000. 3rd Degree Felony Enhanced: A term not more than 20 years or less than 2 years confinement in the Institutional Division ofthe Texas Department of Criminal Justice and an optional fine not to exceed $10,000. State Jail Felony Punished as 2"“ Degree Felony: A term not more than 20 years 0r less than 2 years confinement in the Institutional Division of the Texas Department of Criminal Justice and an optional fine not to exceed $10,000. D State Jail Felony Punished as 3rd Degree Felony: A term not more than 10 years or less than 2 years confinement in the Institutional Division ofthe Texas Department of Criminal Justice and an optional fine not to exceed $10,000. State Jail Felony Punished as Class A Misdemeanor (12.44(a)): A term of up to 1 year confinement in the Collin County Jail, fine not t0 exceed $4,000, or both such confinement and fine. 0r a State Jail Felony Reduced to a Class A Misdemeanor (12.44(b)): A term of up to year confinement in the 1

Collin County Jail, or a fine not to exceed $4,000, 0r both such confinement and fine. Other:

The recommendations of the prosecuting attorney are not binding on the Court. If a plea agreement does exist, the Court will inform you whether it will follow or reject the agreement in open court and before any finding on your plea. Should the Court reject any plea agreement, you will be permitted t0 withdraw your plea.

Ifthe punishment assessed does not exceed the agreement between you and the prosecutor, the Court must give its permission to you before you may appeal on any matter in this case except for those matters raised by written motions prior to trial.

Ifyou are not a citizen ofthe United States of America, a plea of guilty or nolo contendere may result in deportation, exclusion from admission t0 this country, or the denial of naturalization under federal law.

You will be required to meet the registration requirements 0f Chapter 62 of the Code of Criminal Procedure (CCP) ifyou are convicted or place 0n deferred adjudication for an offense for which a person is subject to the registration requirements under Chapter 62 CCP.

lfthe Court defers adjudicating your guilt and places you under community supervision, on violation 0f any condition you may be arrested and detained as provided by law. You are then entitled t0 a hearing limited to a determination by the Court whether to proceed with an adjudication 0f guilt 0n the original charge. After adjudication of guilt, all proceedings, including the assessment of punishment and your right to appeal, continue as if adjudication of guilt had not been deferred.

Revised: 09/01/2017 2 7. Ifthe Court defers an adjudication of guilt and places you 0n community supervision, you may have the right t0 petition theCourt for an order of non-disclosure after successfully completing community supervision, unless you are ineligible due t0 the nature ofthis offense or your criminal history.

DEFENDANT’S WAIVER OF RIGHTS AND JUDICIAL CONFESSION

With the Court’s approval, the defendant herein states that he/she: l. Understands that he has a right to be charged by an indictment returned by a grand jury, and to be served with a copy 0fthe indictment. If an indictment has not been returned in this case, the defendant waives those rights, and agrees to be tried 0n an information. Agrees that the court may accept his/her plea by broadcast by closed-circuit video teleconferencing. Is same person charged in the charging instrument. the 9999’!"

Waives any and all defects, errors or irregularities, whether of form 0r substance, in the charging instrument. Waives arraignment and formal reading 0f the charging instrument. Waives the ten (10) days allowed to prepare for trial after the appointment of counsel, and agrees to proceed 0n this date. 7. Waives the preparation of a presentence investigation report and/or postsentence investigation report and any risk assessment prior to determination of any terms and conditions of probation. 8. Waives the right t0 ajury trial 0n both guilt and punishment. 9. Waives any and all due diligence claims. 10. Waives the right to subpoena witnesses and have them testify on his/her behalf. 1 1. Waives the right to remain silent as to guilt and punishment, and agrees t0 testify. 12. Waives the right to appeal to the Court of Appeals. 13. Waives the right to urge a motion for new trial.

14. Waives any right under Arts. l.l4(a) and 38.43, Code of Criminal Procedure, or any other law requiring the State of Texas t0 preserve evidence containing biological material and agrees that all law enforcement agencies possessing evidence related to this case may dispose of it without further notice to him/her, his/her attorney, or the Court. 15. Waives the and cross-examine the State’s witnesses in open court, and consents t0 the introduction right to confront of evidence against him/her in the form of written and oral stipulations 0f evidence and testimony, testimony by affidavit, written statements of witnesses, and any other documentary evidence. l6. Waives the right t0 discovery beyond materials already produced 0r inspected in the case, and agrees that he/she has received all information necessary to enter his/her plea and dispose 0f the case. 17. Has had an adequate opportunity to consult with his/her attorney who has explained his/her rights under the constitutions and laws ofthe United States and the State of Texas, and is fully satisfied with the representation provided by his/her attorney. 18. Understands that child support, restitution, child health care costs, court fees and costs, fines, and any other court

order,judgment, or writ may be collected from monies deposited in his/her inmate trust account. l9. JUDICIALLY CONFESSES and admits to committing the offense of SEXUAL ASSAULT exactly as charged in

the charging instrument 0r as a lesser included offense of the offense charged in (Count ofl the charging instrument. 20. PLEADS TRUE to the (first) (second) (all) enhancement paragraphs which are contained in charging instrument, and judicially confesses that he/she is the same person who was previously duly and legally convicted ofthe offense(s) alleged therein.

DEFENDANT’S APPROVAL

I, do acknowledge that: the defendant herein, 1. My attorney has explained to me, and have read and understand the foregoing “Plea Agreement”, “Court’s I

Admonitions to Defendant”, “Defendant’s Waiver of Rights and Judicial Confession”. 2. My attorney has explained t0 me and understand the legal effects 0f waiving my rights and the consequences of I

my plea. 3. l knowingly, freely and voluntarily waive my rights, plead “GUILTY”, and consent to the stipulation of facts. 4. I request that the Court accept my plea, agreements, waivers, statements and stipulations. y. / ¥ \V ‘A...

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Date Defendant ( '

Treshawn Jahmal Robinson

Revised: 09/01/2017 3 DEFENSE ATTORNEY’S APPROVAL

l, the attorney 0f record for the defendant herein, being a licensed member in good standing 0f the State Bar of Texas, do hereby certify that: l. The defendant has a sufficient present ability to consult with me with a reasonable degree of rational understanding, and he/she has a rational as well as factual understanding of the proceedings against him/her. 2. l have read the foregoing “Plea Agreement”, “Court’s Admonitions to Defendant”, “Defendant’s Waiver 0f Rights and Judicial Confession”, fully explained each of them to the defendant, and I am satisfied that he/she understands each ofthem. 3. I have explained to the defendant the legal effects of waiving his/her rights and the legal consequences 0f his/her plea, I have witnessed his/her signature contained herein, and I am satisfied that he/she understands these rights and the legal consequences of his/her plea. 4. l am satisfied that the defendant’s plea, agreements, waivers, statements and stipulations are knowingly, freely and voluntarily made, and I do hereby approve and consent to each of them. 5. I acknowledge receipt 0r inspection of all discovery materials as recorded in the Discovery Log and Acknowledgment of Compliance signed by the parties and filed with the .

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l /7___\_ Date Attég)‘ Printed State Bar #1 Defgn ammflflnv nt

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STATE’S APPROVAL

THE STATE OF TEXAS, by and through its Criminal District Attorney, upon the acceptance and approval by the Court of the defendant’s waivers and stipulations 0f fact herein, waives its right to a trial by jury, and consents that the plea proceeding may be by closed-circuit video teleconferencing.

GREG WILLIS, Criminal District Attorney Collin County, Texas

Date ”301m . /éyt ASSIStant Dlstrlct Attorney Printed Name: é 0‘ State Bar #1 V Afi?’7 ’ (a J . I

COURT’S APPROVAL

The Court finds the following: l. The defendant has a sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding, and has a rational as well as factual understanding ofthe proceedings against him or her. 2. The defendant has the age, maturity, and intelligence to understand and does knowingly understand his or her rights with regard to the plea agreement, the admonishments, and waiver 0f rights and judicial confession. 3. The defendant does knowingly waive his or her rights as described therein. 4. The defendant does understand his or her rights regarding stipulations and does knowingly waive his or her rights t0 have such facts proved otherwise. 5. The defendant does knowingly stipulate and agree that the facts contained m the “Defendant’ s Waiver of Rights and Judicial Confession” are true and correct 6. The defendant does knowingly request that neither a pre— 0r post—sentence investigation be made. IT IS THEREFORE ORDERED that the defendant’s waivers as they appear in the aforesaid instru ts be and

are hereby approved, consented to, and accepted by this court; that the stipulations be and are he approved, consented t0, and accepted by this court, and, said instruments are hereby ORDERED filed in the pap 0f this cause.

SIGNED THIS Z day of 10:.

fiié PRESIigiNG Revised: 09/01/2017 4 CAUSE NO. 401-82805-2018

STATE 0F TEXAS § IN THE 4OIST DISTRICT COURT § vs. § 0F § TRESHAWN JAHMAL ROBINSON § COLLIN COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT 0F APPEAL*

I, judge ofthe trial court, certify this criminal case:

\é is not a plea-bargain case, and the defendant has the right of appeal. [or]

D isa plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal. [0r] is a plea-bargain case, but the trial court has given permission t0 appeal, and the defendant has the right 0f appeal. [0r] EDD is a plea-bargain case, and the defendant has NO right of appeal. [or]

the defendant has waived the right of appeal.

SIGNEDTHIS Q dayWfl l have received a copy of this certification. I have also been informed of my rights concerning any appeal 0f this 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 my attorney must mail a copy of the court of appeals’s have been admonished that judgment and opinion t0 my last known address and have only 30 days in which to file a pro se petition for that I

discretionary review in the Court 0f Criminal Appeals. TEX. R. APP. P. 68.2. l acknowledge that, ifl wish t0 appeal this caseand if l am entitled to do so, it is my duty t0 inform my appellate attorney, by written communication, 0f any change in the address at which am currently living or any change in my current prison unit. I understand that, I

because of appellate deadlines, if I fail t0 timely inform my appellate attorney of any change in my address, l may lose the opportunity t0 file a pro se petition for discretionary review.

1M r ’ Lg LTreshawn Jahmalcfibbins‘on, Defendant A,»— Deferéfit/Ts Printed N e: tomey / fin w / A //i ,

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Address: State Bar No.1 '2 "lc " AA/G Address:

Telephone No.2 Telephone No.2 Fax N0. (ifany): Fax No. (if any):

*“A defendant in a criminal case has the right 0f appeal under these rules. The trial court shall enter a certification ofthe defendant’s right t0 appeal in every case in which it enters a judgment of guilt 0r other appealable order. In a plea bargain case—that is. a case in which a defendant’s plea was guilty 0r nolo contendere and the punishment 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 trial. 0r (B) after getting the trial court‘s permission t0 appeal.” TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).

Revised: 09/01/2017 5 CAUSE NO. 401-82805—2018

STATE 0F TEXAS § 1N THE 401$T DISTRICT COURT § vs. § 0F § TRESHAWN JAHMAL ROBINSON § COLLIN COUNTY, TEXAS

BACK TIME CREDIT WORKSHEET

The following are the dates and counties for which defendant shows to have back-time for incarceration:

Date Incarcerated Date Released Reason Coun

Total Days:

Jail credit includes dates of incarceration in the Collin County Jail, as well as dates Collin County had holds placed 0n

the defendant in other Counties or States, successfully completed SAFP, and successfully completed SCORE. Jail time

Credit DOES NOT include TERM & CONDITION.

Revised: 09/01/2017 6 CAUSE NO. 401 -82805-2018

STATE OF TEXAS IN THE 401ST DISTRICT COURT VS. WWWWW OF TRESHAWN JAHMAL ROBINSON COLLIN COUNTY, TEXAS

JUDGMENT CERTIFICATE OF DEFENDANT’S PRINTS

Defendant’s Right Thumb* Defendant’s Hand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE NAMED DEFENDANT’S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.

DONE IN OPEN COURT ON THIS DAY OF , 20

SUPERVISION OFFICEIV BAILIFF / DEPUTY SHERIFF

*Indicate here if print other than the defendant’s right thumb is placed in box:

D Lefi Thumbprint

D Left / Right Index Finger

Revised: 09/01/2017 7