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Court defers finding of guilt in Danny Rivas case; schedules May hearing and orders evaluations
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Summary
In State v. Danny Rivas the court accepted stipulations, deferred a finding of guilt pending a deferred adjudication application, and set a May 7 return with PSI/TAP evaluations; the state opposed the application and counsel noted scheduling conflicts.
The court called State v. Danny Rivas. Defense counsel waived reading and the court advised the defendant of rights and consequences. The court accepted stipulations of evidence and deferred finding of guilt while the defendant’s application for deferred adjudication is considered.
The court advised the defendant that a deferred adjudication could later be revoked and that a revocation could result in a prison sentence up to the statutory cap. The transcript records a plea cap of nine years and a $1,200 fine as the plea terms; the state stated it opposed the application. The court set a return date for May 7 to determine whether deferred adjudication will be granted and ordered routine preparatory steps including a PSI and TAP evaluation. Defense counsel noted a previously filed vacation letter and the court accommodated scheduling constraints when setting the return date.
The court did not make a final finding of guilt at the March hearing and left the decision pending presentation of evaluation materials and any additional evidence on the May date.
