Judge Stephanie Boyd accepted a no-contest plea and deferred a finding of guilt Sept. 24 for Oscar Carrillo Hernandez on a state jail felony possession charge, the court record shows.

During a plea colloquy the court read charges and consequences aloud. "You're charged with possession of a controlled substance, Family Group 1, less than 1 gram. That is a state jail felony. Range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to $10,000 fine," Judge Boyd told the defendant while confirming he understood his rights.

An interpreter assisted and defense counsel acknowledged reviewing discovery with the client. The defendant waived reading of the indictment, waived a jury and consented to stipulations of testimony and exhibit admission. The judge reviewed the plea form with Hernandez and confirmed he had knowingly and voluntarily signed necessary waivers.

Judge Boyd described the plea terms on the record. "According to the plea, there's a thousand dollar fine. State recommends deferred adjudication, and there's to be drug testing," the record shows. The court noted the state's additional recommendations: two years of community supervision, restitution related to drug testing, community service and random urine analyses; the judge observed the court "does not have to follow those recommendations."

Defense attorney Jerry Kagan urged the court to follow the plea bargain, noting Hernandez's lack of priors and asking for leniency: "Other than the fact that he has no priors, it was a small amount. We would just ask the court to consider following the plea bargain and, perhaps cutting down the supervisory thing," Kagan said.

After reviewing the state's exhibits, the court found sufficient evidence to find the defendant guilty but deferred entry of judgment and accepted the application for deferred adjudication under the plea agreement. Sentencing details and supervision conditions will be set in accordance with the court's order and applicable statutes.