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Court revokes deferred adjudication for Ruby Bentancourt; sentences her to 12 months in state jail
Summary
The court found a violation of probation for Ruby Bentancourt, revoked deferred adjudication and sentenced her to 12 months in state jail; the court declined a lesser 12.44 recommendation after reviewing the probation summary.
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At a docket hearing, the court found Ruby Bentancourt in violation of a supervision condition for failure to report and granted the state's motion to revoke deferred adjudication. The state (represented by Duffy Pitlock) and defense proceeded under a negotiated package, but the judge declined to impose a reduced sanction under Code of Criminal Procedure Article 42.12, section 4, noting the probation summary showed minimal compliance and multiple missed reporting months. The court revoked supervision, adjudicated guilt, and sentenced Bentancourt to 12 months in a state jail facility with credit for any time served. The judge also ordered a therapeutic-community referral given indications of substance issues and entered the required admonishments regarding appeal rights and post-conviction restrictions. The record shows the court reviewed field visits and attempts by probation to contact the defendant, and the judge emphasized the defendant had not completed required probation conditions. The court explicitly stated it was not inclined to a 12.44 sentence because of the absence of community-service or treatment compliance in the file.

