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Judge Boyd revokes Jose Elias Gamboa III's supervision after he elects two-year prison term
Summary
The 187th District Court granted the state's motion to revoke Jose Elias Gamboa III's community supervision after the defendant elected to be revoked and receive a two-year sentence instead of inpatient placement, and the court credited him with time served.
The 187th District Court granted the State's motion to revoke community supervision for Jose Elias Gamboa III and sentenced him to two years in prison after Gamboa elected revocation rather than inpatient placement on the state's recommendation. The court record reflects a TAP evaluation and a recommendation that the defendant receive inpatient treatment followed by outpatient services, monthly urinalysis and documented sober-support meetings. Probation had recommended continued supervision with inpatient placement as appropriate.
During the hearing the court advised Gamboa that the maximum sentence permitted under his plea bargain was two years. The judge explained the alternatives, and the defendant told the court he wanted revocation and the two-year sentence. Judge Boyd then granted the motion to revoke, imposed the two-year term, ordered credit for time served, and requested placement in a therapeutic community when appropriate.
Judge Boyd explained post-judgment rights and limitations, including that the defendant waived appellate permission as part of his plea agreement and that a felony conviction carries a firearm possession prohibition. The record shows defense counsel and the prosecutor on the record and no objection to the court's ruling.
