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Court schedules decision on Robert Pettis’s deferred-adjudication application; restitution and sentencing cap noted
Summary
Robert Pettis’s application for deferred adjudication/community supervision was discussed; the state opposed the application, restitution to a Mr. Arnold and a punishment cap (10 years, $2,000 fine) were part of plea terms, and the court set a further decision for August 3 while deferring a finding of guilt.
The court called two cause numbers for Robert Pettis and addressed his application for deferred adjudication or community supervision. Prosecutor Galloway and defense counsel Melissa Christian announced their appearances and confirmed receipt of discovery.
The judge explained that the charges allege intoxication assault with a vehicle causing serious bodily injury, classified as third-degree felony, and reviewed possible penalties: 2–10 years in prison and up to $10,000 in fines. The court also noted the plea language that included a punishment cap at 10 years, a $2,000 fine and restitution to a person identified as Mr. Arnold in one cause. The state indicated it opposed the defendant’s application for deferred adjudication.
The court accepted written stipulations subject to review and deferred a final finding of guilt while setting a follow-up on August 3. The judge told Pettis he should speak with probation and that the court’s decision on the application would be based on evidence presented at that later hearing.
"[I]'ll base my decision on your application based upon whatever evidence is presented to me at that time," the judge said when setting the next hearing date.
The court deferred ruling on any motion to revoke until the August 3 setting. Counsel and the court confirmed the procedural steps: the state’s exhibits were received, the defendant understood his rights and the consequences if deferred adjudication were later revoked (possible sentencing up to the statutory maximum), and the clerk was to note the August 3 return date.
No formal deferred-adjudication order was entered at the hearing; the matter was continued for the court to consider the application with the record and any probation input.
The court also advised the defendant that by signing plea documents he waived certain appeal rights; defense counsel acknowledged those waivers.
