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Man sentenced to four years after no-contest plea to family-violence assault; court finds family-violence affirmative

2249160 ยท February 6, 2025
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Summary

A defendant identified in court as 'Mr. Moore' pleaded no contest to assault-family-violence and was sentenced to four years in prison with a $1,500 fine and an affirmative finding of family violence.

The court accepted a no-contest plea and sentenced the defendant (referred to in court as Mr. Moore) to four years in prison after an agreement with the state. The judgment includes a $1,500 fine, time and money to run concurrent, an affirmative finding of family violence, and a no-contact order with Kapricia Lavonne Morris.

During the plea colloquy, the judge advised the defendant on rights and possible penalties, noting the charge is a third-degree felony with a sentencing range โ€œanywhere from 2 to 10 years in prison and up to $10,000 fine.โ€ The defendant acknowledged understanding and signed the admonishments. Defense counsel asked the court to impose a two-year term in TDC, describing the defendantโ€™s family role and noting the complainantโ€™s request for him to return home. The court heard a short allocution from the defendant, who said he had โ€œlearned my lessonโ€ and asked to go home to his children; the defendant told the court he had enrolled in a GED program while detained.

The state opposed a minimal sentence, citing the defendantโ€™s prior arrests and a pattern of domestic-related incidents. After hearing argument, the court announced: โ€œThe court is gonna find you guilty. The court will give you credit for any time served. There's an affirmative finding of family violence. There's to be no contact with Kapricia... There's a $1,500 fine time and money to run concurrent, and the court will sentence you to 4 years in the prison.โ€ The defendant was remanded to custody to begin the sentence.

The court explained the waiver of appeal that accompanies a plea-bargain disposition and reminded the defendant that, as an affirmative family-violence finding on a felony, he โ€œis not allowed to own or possess any weapons or ammunition.โ€ The record shows the court accepted the Stateโ€™s stipulated exhibits and the waiver of live testimony in the plea.