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Thomas, Steven Alan
AP-77,052
| Tex. App. | Jan 12, 2015
|
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Case Information

*1 A P-ti ,0*2 No. 12-1237-K26

THE STATE OF TEXAS § IN THE 26th JUDICIAL V- § DISTRICT COURT OF STEVEN ALAN THOMAS, § WILLIAMSON COUNTY, TEXAS DEFENDANT

SID: TX02533564

Judgment of Conviction by Jury; Sentence by Jury To Death October 31,2014 DATE OF JUDGMENT Burt Carries JUDGE PRESIDING Lytza Rojas, Josh Reno, Lauren McLeod ATTORNEY FOR THE STATE Steve Brittain and Alan Williams ATTORNEY FOR THE DEFENDANT Capital Murder OFFENSE CONVICTED OF Section 19.03, Penal Code STATUTE FOR OFFENSE FILED IN Capital Felony-Death CHARGED PUNISHMENT RANGE Not Applicable COURT OF CRIMINAL APPEALS ENHANCED PUNISHMENT RANGE November 4,1980 DATE OF OFFENSE JAN 12 201£ Indictment CHARGING INSTRUMENT: Not Guilty PLEA TO OFFENSE FOR WHICH DEFENDANT CONVICTED: Abel Acosta, Clerk Not Applicable PI.RA TO ENHANCEMENT PARAGRAPH(S): Guilty VERDICT FOR OFFENSE: Not Applicable

FINDING ON ENHANCEMENT: dUPILED n Not Applicable AFFIRMATIVE FINDING ON af/S//V<> o'clock U M DEADLY WEAPON: OTHER AFFIRMATIVE Not Applicable do SPECIAL FINDINGS: NOV 18 2014 October 31,2014 DATE SENTENCE IMPOSED: PUNISHMENT AND PLACE OF Death CONFINEMENT 799 Days

TIME CREDITED TO SENTENCE District Clam. WiMimaon Co.. TX COURT COSTS $-0- TOTAL AMOUNT OF RESTITUTION

NAME AND ADDRESS FOR NA

RESTITUTION:

The Sex Offender Registration Requirements under Chapter 62, CCP, do not apply to the Defendant. The age of the victim at the time of the offense was not applicable.

This sentence shall run concurrently unless otherwise specified. On the date stated above, the above numbered and entitled cause was regularly reached and called for trial, and the State appeared by the attorney stated above, and the Defendant and the Defendant's attorney, as stated above, were also present. Thereupon both sides announced ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Grant Perkins, and *2 eleven others, was duly selected, impaneled and sworn. Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict. Afterward, being brought into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes of the Court as follows:

Verdict of the Jury - Capital Murder We, the Jury, find the defendant, Steven Alan Thomas, "guilty" of the offense of Capital Murder as charged in the Indictment.

/s/ Grant Perkins

Presiding Juror

Thereupon, the Defendant having previously elected to have the punishment assessed by the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called back into the box and heard evidence related to the question of punishment. Thereafter, the jury retired to consider such question and, after having deliberated, the jury was brought back into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered uponthe Minutes of the Court as follows:

Special Issue Number One Do you find from the evidence beyond a reasonable doubt that the conduct of the Defendant, Steven Alan Thomas, that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased, Mildred McKinney, or another would result?

Answer We, the Jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes."

/s/ Grant Perkins

Presiding Juror

Special Issue Number Two Do you find from the evidence beyond a reasonable doubt that the Defendant, Steven Alan Thomas, actually caused the death of the deceased or intended to kill the deceased or another or anticipated that a human life would be taken?

Answer We, the jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes/

/s/ Grant Perkins

Presiding Juror

Special Issue Number Three Do you find from the evidence beyond a reasonable doubt that there is probability that the Defendant, Steven Alan Thomas, would commit criminal acts of violence that would constitute a continuing threat to society?

Answer We, the jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes."

/s/ Grant Perkins

Presiding Juror

Special Issue Number Four Do you find from the evidence, taking into consideration all the evidence, including the circumstances of the offense, the Defendant's character and background, and the personal moral culpability of the defendant, Steven Alan Thomas, that there is a sufficient mitigating circumstance or circumstances to warrant a sentence of life imprisoment rather than a death sentence by imposed?

Answer We, the jury, unanimously find and determine that theanswer to the Special Issue Number Four is "No."

/s/ Grant Perkins

Presiding Juror

A presentence investigation report was not required or done. *4 And thereupon the Court asked the Defendant whether the Defendant had anything to say why said sentence should not be pronounced upon said Defendant, and the Defendant answered nothing in bar thereof. Whereupon the Court proceeded to pronounce sentence upon said Defendant as stated above.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense stated above, the punishment is fixed as stated above, and the State of Texas do have and recover of said defendant all court costs in this prosecution expended, for which execution will issue.

It is ORDERED by the Court that the Defendant be taken by the authorized agent of the State of Texas or by the Sheriff of Williamson County, Texas, and be safely conveyed and delivered to the Director, Prison in TDCJ, there to be confined in the manner and for the period aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of Williamson County, Texas, until such time as the Sheriff can obey the directions of this sentence.

The defendant is given credit as stated above on this sentence for the time spent in county jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount specified above.

Furthermore, the following special findings or orders apply: not applicable

SIGNED this the

DEFENDANT'S NAME: STEVEN ALAN THOMAS

DEFENDANT'S RIGHT THUMBPRINT

vYVvcn k\(a*\ \Y[oma& x s rn district court AFFIDAVIT OF DEFENDANT REQUESTING APPOINTMENT OF COUNSEL THE STATE OF TEXAS

iOUNTY OF WILLIAMSON

FORE ME, the undersigned, on this da\ personally appeare Defendant in the above^i states that he is at the Court appoint an wholly destitute attorney to represent

SWORN TO AND

on this the da

ORDER APPOINTING ATTORNEY , 202£, it On this the / day of K^Jt )being made known to the Court that the Defenjfenf inihe above-entitled and numbered cause is not represented by andiattprney, anra/that he/her is too poor to employ an attorney, the Honorable /fy't&l / &a* a practicing attorney of this State, is hereby appointed to represent the oifced to Defendant in said Cause, and is ordered to contact the Defendant within 72 roiir8' *L atSzLo'clock. NED the _2^day of Q

JAN-7

JUDeefSRESIDING' Clerk, Williamson Co., ,TJC District Appointment made at Jail Call V Appointment for Appeal

The Defendant is charged with:

The defendant is currently out on bond.

Defendant's name:

Address:__ ' Zip Code:. ., Texas

City: Phone:

NOTICE OF SETTING

Probation Revocation Hearing on:.

Pre-Trial Hearing on:

Jury Trial on:

Case Details

Case Name: Thomas, Steven Alan
Court Name: Court of Appeals of Texas
Date Published: Jan 12, 2015
Docket Number: AP-77,052
Court Abbreviation: Tex. App.
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