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Judge defers finding of guilt in Samantha Venegas case, orders PSI and substance evaluation; decision set for May 13
Summary
Judge Stephanie Boyd presiding in the 187th District Court accepted stipulated state evidence Friday in State of Texas v. Samantha Venegas and deferred a final finding of guilt while considering Venegas’s application for deferred adjudication.
Judge Stephanie Boyd presiding in the 187th District Court accepted stipulated state evidence Friday in State of Texas v. Samantha Venegas and deferred a final finding of guilt while considering Venegas’s application for deferred adjudication.
The court heard a stipulation of testimony and admitted State’s Exhibit 1 and a supplement as evidence. After reviewing the exhibits, Judge Stephanie Boyd said, “There is sufficient evidence to find you guilty,” then added she would defer a formal finding of guilt because Venegas had applied for deferred adjudication.
The plea agreement reflected in the record shows the state proceeded on Count 2 (possession of a controlled substance, penalty group 1, 400 grams or more). Under the written plea terms read into the record, the parties agreed to a cap on punishment of 15 years in prison and a $2,000 fine; the state opposed Venegas’s application for community supervision or deferred adjudication. The transcript also notes the plea bargain includes dismissal of another charge as part of the agreement.
Judge Boyd ordered a presentence investigation (PSI) and a TAP evaluation to assess substance-related issues. She set a follow-up hearing for May 13, when she said she will make a decision on Venegas’s deferred-adjudication application after reviewing any additional evidence presented.
During the hearing, the court ensured Venegas had reviewed and signed the written admonishments, the waiver of appeal language, and the waiver of the reading of the indictment. Defense counsel Danny Callahan confirmed review of discovery with the defendant; Anthony Merced announced for the State.
The court explained that if it declined to grant the requested deferred adjudication and instead adjudicated Venegas guilty, the defendant would be permitted to withdraw the plea. The court also advised Venegas of the statutory punishment range and the collateral consequences contained in the plea paperwork.
The case will return to court on May 13 for the court’s decision on the deferred-adjudication application and related sentencing matters.
