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Court finds condition violation true for Ayesha Esparza; orders immediate drug testing and continues review
Summary
The 187th District Court found a violation of condition number 2 true for Ayesha Esparza in a deferred-adjudication matter; probation recommended a 90-day jail sanction, defense sought continued deferred adjudication with additional supervision options, and the court ordered an immediate drug test and scheduled follow-up.
Judge Stephanie Boyd found a violation of condition number 2 true on the State's motion in the deferred-adjudication case of Ayesha Esparza and directed immediate steps to assess the defendant’s current status.
At the hearing the State alleged Esparza failed to submit to drug testing as directed in or about December 2021. Probation recommended a 90-day jail sanction and the State moved to grant the violation motion. Defense counsel Martin Durham asked the court to deny the State's motion, continue the deferred adjudication and extend the term by two years, and requested alternatives including partial house arrest with GPS for work, a drug patch for nine months, intensive-supervision probation (ISP) for one year and enrollment in cognitive-behavioral or relationship classes. Defense counsel provided employer letters and described the defendant’s recent employment and mental-health treatment.
Judge Boyd stated she would not accept allegations beyond the record without proof but found violation number 2 to be true based on the court summary and accepted the parties’ submissions for consideration. The court ordered Esparza to take a drug test immediately and directed staff to provide felony-drug-court intake information and the testing location to the defendant; the court also kept the matter pending to allow probation and counsel to address appropriate sanctions. The judge noted probation’s recommendation that the defendant receive a short jail sanction, while also acknowledging defense requests for strict supervised alternatives and treatment options.
Esparza told the court she had been diagnosed with bipolar depression, had started medications and new employment, and said she had been scared to turn herself in. Defense counsel provided letters from the employer and a family member arguing the defendant had improved and had plans to care for her children if custody consequences arose.
The court scheduled a recall and instructed probation and counsel to be ready to report back with placement and sanction recommendations and to provide the defendant with the drug-test location.
