Miles Fenton pleads no contest to unauthorized use of a vehicle; judge defers decision on deferred adjudication until March 17

Miles Fenton pleaded no contest to one count of unauthorized use of a vehicle, a state jail felony, during a hearing in the 187th District Court convened by Judge Stephanie Boyd.

Judge Stephanie Boyd told Fenton the court had reviewed the documents and evidence and would defer a formal finding of guilt while Fenton’s application for deferred adjudication and community supervision is considered. “Court will find that defendant has not involuntarily waived any consent,” Judge Boyd said, and the court accepted the state’s exhibits into evidence.

Under the court’s admonishments, the offense carries a punishment range of 180 days to two years in a state jail facility and a fine up to $10,000; under the plea agreement punishment was capped at 18 months in the state jail facility. The state informed the court it would waive count 2 of the indictment and waive the repeat-offender enhancement allegation.

The judge summarized the plea arrangement: the parties had agreed the state would remain silent as to whether the court should grant deferred adjudication, but the state could speak to factual matters relevant to punishment. “They are going to remain silent. However, they will be able to speak to any type of factual issues that are relevant to your punishment,” the court said.

Fenton waived several rights before entering the plea, including the right to a jury trial and appeal in most circumstances. The court accepted a stipulation of testimony and the state’s exhibit packet; the court found that evidence sufficient to support a finding of guilt but deferred that formal finding while the deferred-adjudication application is pending.

The parties discussed scheduling. The court set March 17 as the date when the judge will decide Fenton’s application for deferred adjudication and any associated sentencing issues. The defense and the defendant expressed a preference for an earlier date, but the judge confirmed March 17 for the decision. The defendant waived a pre-sentencing investigation report.

The court directed the state to provide criminal-history information for the record ahead of the March 17 decision. If the court ultimately grants deferred adjudication and community supervision, the deferred finding would prevent a formal adjudication of guilt; if it is revoked in the future, the defendant could face the applicable statutory sentence up to the range described above.

Procedural next steps: the court will rule on the deferred-adjudication application on March 17; the state will submit criminal-history documentation; sentencing (if necessary) will follow the court’s decision.