Charles Smith pleads guilty to attempted fraudulent use; court orders restitution and schedules payment

Charles Smith entered a guilty plea to the lesser-included offense of attempted fraudulent use or possession of identifying information, a Class A misdemeanor, and the court accepted the plea and found the defendant guilty.

At arraignment and plea proceedings, the state and defense advised the court of a plea agreement recommending community supervision and restitution. The court accepted stipulated exhibits and found there was sufficient evidence to find Smith guilty. The plea paperwork sets the recommended punishment at 365 days in the Bexar County Jail with the state recommending community supervision; the paperwork also called for restitution of $1,940 to Saint Peter and Paul and no contact with that victim.

The court discussed the restitution and asked Mr. Smith about his ability to make payments. Smith told the court he could not make an immediate payment but said he could make a realistic payment within six months to a year. The court set a near-term compliance step: Smith was ordered to bring a payment of $800 and the case was reset for July 28 for further review. The court agreed to recall a warrant so Smith could obtain funds and be released to make the payment, with the prosecutor saying the state did not object to recalling the warrant to allow payment.

Probation and counsel agreed that any payment should be a cashier's check or money order and that the payment would be handled through the appropriate agency; counsel agreed to coordinate with the prosecutor before the next court date. The court ordered the $800 payment due by the July 28 reset and explained that the court will recall the warrant and that payment arrangements will be handled through the clerk and probation.