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Court accepts evidence in twin cases, defers guilt on application for deferred adjudication

2495458 · March 4, 2025
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Summary

In two cause numbers related to the same defendant, the court found sufficient evidence to support pleas but deferred a formal finding of guilt after the defendant applied for deferred adjudication; the court outlined potential prison ranges and fines and set a pre-sentence investigation option.

Judge Stephanie Boyd, presiding judge of the 187th District Court, called two related criminal cause numbers — 2023CR7883 and 2023CR7884 — involving the same defendant and confirmed plea paperwork and admonishments had been reviewed.

The court told the record that the charges included an evading-arrest-with-vehicle allegation in the cause ending in 7883 (a third-degree felony) and, in the cause ending in 7884, the state was proceeding on the lesser-included offense of assault against a peace officer (a second-degree felony). The court explained statutory punishment ranges: for the 7883 cause, two to 10 years' imprisonment and up to a $10,000 fine; for the 7884 cause, two to 20 years and up to a $10,000 fine. The court also noted the state waived a deadly-weapon allegation in one cause and was proceeding on a lesser included offense in the other.

Defense counsel confirmed the defendant had reviewed discovery, the indictments, and plea documents with counsel and had signed required waivers. The court accepted the State’s Exhibits 1 and attachments and the stipulated testimony. After reviewing the exhibits, the court said it found “there’s sufficient evidence to find you guilty” but deferred a formal finding of guilt because the defendant had applied for deferred adjudication. The judge offered counsel the option of requesting a pre-sentence investigation (PSI) and set timing parameters for a PSI if requested.

The court also noted restitution to Sheriff’s Deputy M. Molina would be considered as part of the resolution. Counsel and the state confirmed the plea terms on the record; defense requested a PSI and discussed scheduling. The court instructed the defendant to speak with probation before leaving to obtain necessary reset forms.

The transcript shows the court handled both cause numbers together, confirmed signed waivers (including the waiver of appeal paragraph), and emphasized that, if deferred adjudication were later revoked, the defendant faced the statutory maximums previously stated.