Defendant pleads; judge records family-violence finding, discusses deferred adjudication and custody limits

Judge Stephanie Boyd presiding in the 187th District Court reviewed a plea by Kimberly Cuevas in a case charging injury to a child, an elderly person or a disabled person, during a docket call. The court advised Cuevas of the range of punishment for a third-degree felony — two to 10 years in prison and up to a $10,000 fine — and the consequences of a plea and of an affirmative family-violence finding.

The state told the court it recommended deferred adjudication and that the plea included a $1,500 fine. Judge Boyd confirmed that Cuevas knowingly and voluntarily waived her right to a jury trial and walked through collateral consequences: an affirmative finding of family violence would prohibit Cuevas from possessing weapons or ammunition and could affect designation as the primary custodial parent in related civil custody proceedings. The court also warned noncitizens that entering a plea could affect immigration status.

Defense counsel said Cuevas was involved in divorce and custody proceedings and asked to consult civil counsel before proceeding. Judge Boyd agreed to recall the case for Thursday so Cuevas could discuss the family-violence finding with her civil attorney and to sign a reset form before being excused. The judge advised the parties to speak off the record with court staff as needed about logistics.

The record shows the state recommended deferred adjudication and the court documented the plea, the fine amount and the affirmative family-violence finding; the transcript does not record a final sentencing or an acceptance of deferred adjudication at that hearing. The court’s immediate action was to pause further disposition to allow Cuevas to consult civil counsel and return on the recalled setting.

Court action moving forward: the case was recalled to a Thursday setting for further discussion; the transcript does not show a final disposition or sentencing on the record that day.