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Judge accepts no-contest plea in domestic case; affirmative finding of family violence, deferred adjudication imposed
Summary
The court accepted Kimberly Cuevas’s no-contest plea to a family-violence-related charge, imposed a four-year deferred adjudication term with conditions including a probated $1,500 fine, no contact orders and an affirmative finding of family violence that bans firearm possession.
The 187th District Court accepted a no-contest plea from Kimberly Cuevas on Oct. 24 and imposed deferred adjudication with an affirmative finding of family violence, court records show.
Judge Stephanie Boyd told Cuevas and counsel that the plea bargain included a probated $1,500 fine and a four-year term of deferred adjudication, along with an affirmative finding of family violence. The judge recited the plea terms in open court and warned Cuevas of collateral consequences: “Because this is an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition,” Boyd said during the plea colloquy.
Under the court’s order, Cuevas will serve four years of deferred adjudication with conditions that include proof of employment within 60 days, 200 hours of community service restitution (100 of those hours to be served as specified by probation), a TAP evaluation with compliance on recommendations, parenting classes, random UA testing, and no employment in home health care or work involving minors if such would conflict with the order. The plea agreement also includes no contact with two named individuals: Evelyn Reyna and Robert Reyna; the court said contact with the father of the children could be permitted through a parenting-communication app for the purposes of supervised exchanges.
At sentencing, Cuevas told the court she had a 6-week-old and a 3-year-old child; counsel asked the court to consider probationary adjustments because of her caregiving responsibilities. The court noted Cuevas had completed parenting classes and told her to provide documentation to probation.
The judge accepted the state’s recommendation of deferred adjudication and set the sentencing terms on the record. Because Cuevas waived her right to appeal as part of the plea agreement, Judge Boyd admonished that the court’s acceptance of the plea removed the defendant’s right to appeal and reiterated the weapon prohibition tied to the family-violence finding.
The court advised probation to enforce random testing and oversight and told Cuevas probation and treatment resources were available should she need them to comply with conditions.
Provenance: plea colloquy, sentencing and admonishments recorded during the Kimbery Cuevas docket call.
