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Defendant pleads to lesser offense; court schedules PSI and TAP evaluation before deferred-adjudication decision
Summary
Larry Smith pleaded to a reduced charge of aggravated assault of a child; the court deferred a finding, set a PSI and TAP evaluation for July 1 and scheduled further proceedings on the application for deferred adjudication.
In a plea proceeding before Judge Stephanie Boyd, defendant Larry Smith acknowledged the court’s admonishments and entered a plea to a lesser-included offense. The court deferred a finding of guilt pending pre-sentencing evaluation and ordered a presentence investigation (PSI) and a TAP evaluation with a return date of July 1.
Why it matters: The court’s decision to defer a finding of guilt and require a PSI and TAP evaluation means the defendant’s final disposition will be informed by evaluation results and supervision recommendations.
On the record the court described the lesser charge and the potential punishment range, noting that aggravated assault of a child is a first-degree felony with a wide sentencing range. The court told counsel and the defendant that states exhibits would be reviewed and a PSI would inform any deferred-adjudication decision: "But if it were to be a PSI, I think it's 8 weeks. But if y'all wanna waive a PSI, let the court know," the judge said, then set July 1 as the PSI/TAP deadline.
The court emphasized the need for accurate evaluations and observed that the court preferred to have the evaluation completed before ruling definitively. The prosecutor and defense confirmed arrangements for the PSI and TAP evaluation; the court directed all parties to be ready for the July 1 return date.
Decision vs. discussion: The plea to the lesser included offense and the orders to obtain a PSI and TAP evaluation are formal, binding items on the docket; arguments about the plea and competency were part of the record but the court reserved final disposition pending evaluations.
What’s next: A PSI and TAP evaluation will be produced and reviewed at the July 1 hearing; the court warned that deferred adjudication could be revoked if conditions are not met and that sentencing consequences could be significant if the deferred outcome fails.
Speakers quoted in this story are listed in the article’s speaker section.
