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Court accepts plea in unlawful-possession case; judge suspends sentence and places defendant on 10 years' probation

3537516 ยท May 28, 2025

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Summary

In a plea on unlawful possession by a felon, the court accepted the agreement with a cap of 10 years, then sentenced the defendant to a 10-year term suspended and probated with conditions including treatment referral, UAs, community service, and a TAP evaluation.

Judge Stephanie Boyd accepted a guilty plea to unlawful possession of a firearm by a felon and imposed a suspended sentence with lengthy supervision.

The court advised the defendant of rights and admonishments and the consequences of the plea, including a possible sentence of two to 10 years. The plea agreement included an assessment cap of 10 years and a $2,000 fine; the state recommended community supervision. The defendant pleaded guilty. The court accepted stipulated exhibits and found sufficient evidence.

At sentencing the defense urged the court to consider alternatives to incarceration, noting the defendant's past periods of incarceration and asking for probation so the defendant could pursue recovery and reintegration. The judge sentenced the defendant to 10 years in prison suspended and probated for 10 years, imposing regular reporting by Zoom or in person, random urine analyses, a $2,000 fine probated, proof of employment within 30 days of release, no employment as a home-healthcare provider or with minors, monthly field visits for six months, a TAP evaluation, a mental-health evaluation while in custody if needed, 200 hours of community-service restitution with a requirement of 20 sober meetings in 120 days (completion of the meetings would satisfy community-service hours), and referral to felony drug court. The judge told the defendant probation could seek early termination in the future and emphasized communication with probation to avoid revocation.

The court entered a standard forfeiture of appeal rights clause tied to the plea bargain and reminded the defendant that, as a felony convict, he may not own or possess weapons or ammunition.