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Defendant David McNew pleads guilty to attempted burglary; sentenced to two days in jail
Summary
In Bexar County’s 187th District Court, David McNew pleaded guilty to the lesser-included offense of attempted burglary of a building and was sentenced to two days in the Bexar County Jail with credit for time served and a no-contact recommendation.
Judge Stephanie Boyd of the 187th District Court accepted a guilty plea Tuesday from David McNew on the lesser-included offense of attempted burglary of a building and imposed a two-day sentence in the Bexar County Jail.
The court opened by confirming discovery and plea paperwork. “Court will find that the state is in compliance with discovery,” Judge Boyd said. Counsel Jones for the state and defense counsel Carl Alexander confirmed they had reviewed discovery and plea documents with McNew, who told the court, “Yes, ma’am,” when asked if he understood admonishments and the waiver of rights.
McNew’s defense described the property involved as “an old abandoned property” and said McNew believed the site had been abandoned and that items could be salvaged and sold. Defense counsel told the court that McNew “had been told this is a place that's abandoned and there might be things you can salvage and sell for scrap,” and that McNew was cooperative with police and admitted what he was doing.
The plea paperwork recommended community supervision and a one-year term; the court and parties then negotiated the disposition. After discussion the defense and state agreed to a reduced sentence. The judge announced, “The court will sentence you to 2 days in the Bexar County Jail, give you credit for any time served,” and ordered no contact with 18321 Bulverde Road. The judgment was entered and the court noted McNew had waived his right to appeal as part of the plea bargain.
Judge Boyd closed the hearing with admonitions to the defendant about seeking verification before entering apparently abandoned property and encouraged McNew’s sobriety going forward.
The file shows the court accepted stipulations of testimony and admitted State’s exhibits in support of the plea. The transcript records no additional restitution ordered in this case.
Notes: The plea and sentence reflected the bargain and the court’s acceptance of the factual basis provided by the state’s exhibits and the defendant’s admissions; the court repeatedly noted that plea recommendations are not binding on the court.
