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Jury finds repeat-offender allegations true; sentences defendant to 15 years on two counts, 2 years on third

5427595 · July 18, 2025
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Summary

In a Texas criminal proceeding, jurors found repeat-offender enhancement allegations true and assessed punishments of 15 years for counts 1 and 2 and 2 years for count 3; the judge ordered the sentences to run concurrently and recorded affirmative deadly-weapon findings on the first two counts.

A jury in a Texas criminal proceeding found repeat-offender enhancement allegations true and assessed punishments of 15 years in prison on counts 1 and 2 and 2 years on count 3, with no fines, the judge said. The verdict form, read aloud by the judge, states: "Count 1. We find the allegations contained in the repeater offender enhancement allegation paragraph of the indictment true. We, therefore, assess the defendant's punishment at confinement in the institutional division of the Texas Department of Criminal Justice for a term of 15 years." The judge read comparable language for counts 2 and 3; the jury also returned an affirmative deadly-weapon finding for the counts carrying 15-year terms. The jury was polled and each juror answered "Yes" when asked whether the announced verdict was their verdict, after which the judge instructed deputies to return the jurors to the jury room and later announced that the sentences would run concurrently. Defense counsel objected to the sentencing on double-jeopardy grounds, urging that the count with the shorter term was a lesser-included offense and arguing the punitive structure violated the defendant's rights. The judge acknowledged the objection and proceeded to impose the sentences the jury returned. The court reviewed a trial-court certification of the defendant's right to appeal; the judge told the defendant that, because this is not a plea bargain, he has the right to appeal and reminded him that, as a result of a felony conviction, he is prohibited from owning or possessing weapons or ammunition. The clerk was asked to bring the docket sheet before the court closed the record. The transcript does not identify the court by name, the county, or the exact date of the proceedings. The record shows the jury's findings, the sentences imposed, the defense objection on double-jeopardy grounds, the jury polling, and the court's advisements to the defendant.