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Salvador Becerra v. State
12-16-00093-CR
| Tex. App. | Dec 14, 2015
|
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Case Information

*1 | Case No. C-43,743 | Count ONE | |--------------------------|---------------| | INCIDENT NO./TRN: 9206687328 | | | The State of Texas | § 1, in the 244th District | | V. | § 2, Court | | SALVADOR BECERRA | § 3, ECTOR COUNTY, TEXAS | | State ID No.: TX50461912 | § 4, |

| JUDGMENT OF CONVICTION BY JURY | | | | | |-----------------------------|-----------------------------|-----------------------------|-----------------------------|-----------------------------| | Judge Presiding: | Hon. JAMES RUSH | Date Judgment | 12/14/2015 | | | Attorney for State: | BOBBY BLAND | Attorney for | Just in 10 | | | | LISA BORDEN | Defendant: | Just in 10 | |

Offense for which Defendant Convicted:

| IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY | | | |-----------------------------|-----------------------------|-----------------------------|-----------------------------| | Charzine Instrument: | Statute for Offense: | | | INDICTMENT | 39.04 Penal Code | | | Date of Offense: | | | | 2/16/2014 | | | | Degree of Offense: | Plea to Offense: | | | STATE JAIL FELONY | NOT GUILTY | | | Verdict of Jury: | Findings on Deadly Weapon: | | | GUILTY | N/A | | | Plea to 1st Enhancement | | Plea to 2nd Enhancement/Habitual | | Paragraph: | N/A | Paragraph: | N/A | | Findings on 1st Enhancement | | Findings on 2nd Enhancement/Habitual Paragraph: | N/A | | Paragraph: | N/A | | | | Punished Assessed by: | Date Sentence Imposed: | Date Sentence to Commence: | | JURY | 12/14/2015 | 12/14/2015 |

Punishment and Place of Confinement:

ONE (1) YEARS STATE JAIL DIVISION, TDCJ

THIS SENTENCE SHALL RUN CONCURRENTLY.

| SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR | | | | | |-----------------------------|-----------------------------|-----------------------------|-----------------------------| | Fine: | Court Costs: | Restitution: | Restitution Payable to: | | | 10 , 000.00 | 244.00 | $ 0.00 | VICTIM (see below) | AGENCY/AGENT (see below) |

Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.

Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code Chim. Proc. chapter 62.

The age of the victim at the time of the offense was N/A.

| | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. | |----------|-----------------------------------------------| | | From 3/13/2014 to 3/17/2014 | From 3/31/2014 to 4/1/2014 | From 5/29/2014 to 9/4/2014 | | Time | From 12/11/2015 to 12/14/2015 | From to | From to | | Credited: | If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. | | | N/A DAYS NOTES: N/A |

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.

This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney.

Counsel / Waiver of Counsel (select one)

Defendant appeared in person with Counsel.

Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record.

The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

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The Court received the verdict and Ordered it entered upon the minutes of the Court.

Punishment Assessed by Jury / Court / No election (select one)

Q Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ◻ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. ◻ No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of Tex. Code Crim. Proc. art. 42.12 $ 9 .

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the Ector County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution / Suspension of Sentence (select one)

The Court Orders Defendant's sentence executed. The Court Orders Defendant's sentence of confinement suspended. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

THE COURT ORDERS THAT DEFENDANT PAY:

$ 10 , 000.00 FINE $ 244.00 COURT COSTS Signed and entered on December 14, 2015

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*3 | Case No. C-43,743 | | | Count TWO | | :--: | :--: | :--: | :--: | | INCIDENT NO./TRN: 9206687328 | | | | | The State of Texas | | § | In The 244TH District | | V. | | § | | | | | § | | | SALVADOR BECERRA | | § | ECTOR Country, Texas | | State ID NO.: TX50461912 | | § | | | JUDGMENT OF CONVICTION BY JURY | | | | | Judge Presiding: | Hon. JAMES RUSH | Date Judgment Entered: | 12 / 14 / 2015 | | Attorney for State: | BOBBY BLAND
LISA BORDEN | Attorney for
Defendant: | JUSTIN LOW |

Offense for which Defendant Cenvicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY

| Charging Instrument: | | Statute for Offense: | | :--: | :--: | :--: | | INDICTMENT | | 39.04 Penal Code |

Date of Offense: 2 / 19 / 2014

| Degree of Offense: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

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The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

The Court received the verdict and Ordered it entered upon the minutes of the Court.

Punishment Assessed by Jury / Court / No election (select one)

Q Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ◻ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. ◻ No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODf CRIm. Proc. art. 42.12 $ 9 .

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the Ector County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution/Suspension of Sentence (select one)

The Court Orders Defendant's sentence executed. The Court Orders Defendant's sentence of confinement suspended. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

Signed and entered on December 14, 2015

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*5 | Case No. C-43,743 | Count THREE | |--------------------------|-------------------| | IN THE 244TH DISTRICT | | | | | | | | | | | | | | | | | | | |

JUDGMENT OF CONVICTION BY JURY

| Judge Presiding: | Hon. JAMES RUSH | Date Judgment Entered: | 12/14/2015 | |------------------|------------------|------------------|------------------| | Attorney for State: | BOBBY BLAND | Attorney for Defendant: | JUSTIN LOW | | | LISA BORDEN | | |

Offense for which Defendant Convicted:

IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY

| Charging Instrument: | Statute for Offense: | |------------------|------------------| | INDICTMENT | 39.04 Penal Code |

Date of Offense:

2/21/2014

| Degree of Offense: | Plea to Offense: | |------------------|------------------| | STATE JAIL FELONY | NOT GUILTY | | Verdict of Jury: | Findings on Deadly Weapon: | | GUILTY | N/A | | Plea to 1st Enhancement | Plea to 2nd Enhancement/Habitual | | Paragraph: | Paragraph: | | Findings on 1st Enhancement | Findings on 2nd | | Paragraph: | Enhancement/Habitual Paragraph: |

Punished Assessed by: | Date Sentence Imposed: | | JURY | 12/14/2015 | Date Sentence to Commence: | | Punishment and Place of Confinement: | TWO (2) YEARS STATE JAIL DIVISION, TDCJ |

THIS SENTENCE SHALL RUN CONCURRENTLY.

SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS.

| Fine: | Court Costs: | Restitution: | Restitution Payable to: | |------------------|------------------|------------------|------------------| | 0.00 | 0.00 | 0.00 | 0.00 | $0.00 |

Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.

Sex Offender Registration Requirements do not apply to the Defendant. TEX. COOK CHIM. PHOC. chapter 62.

The age of the victim at the time of the offense was N/A:

| | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. | |-----------|-------------------| | Time | to | From | to | From | to | | Credited: | From | to | From | to | From | to |

If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below.

N/A DAYS NOTES: N/A

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.

This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney.

Counsel / Waiver of Counsel (select one)

Defendant appeared in person with Counsel.

Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record.

*6

The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

The Court received the verdict and Ordered it entered upon the minutes of the Court.

Punishment Assessed by Jury / Court / No election (select one)

Q Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 $ 9 .

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the Ector County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution / Suspension of Sentence (select one)

The Court Orders Defendant's sentence EXECUTED. The Court Orders Defendant's sentence of confinement SUSPENDED. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

Signed and entered on December 14, 2015

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*7 | Case No. C-43,743 | Count SIX | |--------------------------|---------------------------------------| | IN THE 244TH District | 2 | | | | | | | | | | SALVADOR BECERRA | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | State ID No.: TX50461912 | | | | | | | | | | | | | | | | | | | | | | ECTOR | COURT | | | | | | | | | | | | | | | | | | JUDGMENT OF CONVICTION BY JURY | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Judge Presiding: | Hon. JAMES RUSH | Date Judgment Entered: | 12/14/2015 | | | | | | | | | | | | | | | | | | Attorney for State: | BOBBY BLAND | Attorney for Defendant: | JUSTIN LOW | | | | | | | | | | | | | | | | | | | LISA BORDEN | | | | | | | | | | | | | | | | | | | Offense for which Defendant Convicted: | | | | | | | | | | | | | | | | | | | | | IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY | | | | | | | | | | | | | | | | | | | | | | | Statute for Offense: | | | | | | | | | | | | | | | | | | Charging Instrument: | | | | | | | | | | | | | | | | | | | | | INDICTMENT | | | | | | | | | | | | | | | | | | | | | Date of Offense: | | | | | | | | | | | | | | | | | | | | | | | Statute for Offense: | | | | | | | | | | | | | | | | | | | 3/2/2014 | | | | | | | | | | | | | | | | | | | | | Degree of Offense: | | | | | | | | | | | | | | | | | | | | | STATE JAIL FELONY | | | | | | | | | | | | | | | | | | | | | Verdict of Jury: | | | | | | | | | | | | | | | | | | | | | GUILTY | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Plea to 1st Enhancement | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Paragraph: | | N/A | | | | | | | | | | | | | | | | | | | Findings on 1st Enhancement | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Paragraph: | | N/A | | | | | | | | | | | | | | | | | | | Punished Assessed by: | | | | | | | | | | | | | | | | | | | | | JURY | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Punishment and Place | | | | | | | | | | | | | | | | | | | | | | | of Confinement: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | TWO (2) YEARS STATE JAIL DIVISION, TDCJ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Fine: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Court Costs: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code Crim. Proc. chapter 62. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | The age of the victim at the time of the offense was N/A | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Time | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Credited: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 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| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

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The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

The Court received the verdict and Ordered it entered upon the minutes of the Court.

Punishment Assessed by Jury / Court / No election (select one)

Q Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ◻ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. ◻ No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CHIM. Phoc. art. 42.12 $ 9 .

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the Ector County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution / Suspension of Sentence (select one)

◻ The Court Orders Defendant's sentence EXECUTED. Q The Court Orders Defendant's sentence of confinement SUSPENDED. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

Signed and entered on December 14, 2015

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*9 | Case No. C-43,743 | Count SEVEN | | | :--: | :--: | :--: | | INCIDENT NO./TRN: 9206687328 | | | | The State of Texas | § | In The 244TH District | | V. | § | | | | | | | SALVADOR BECERRA | § | ECTOR Country, TEXAS | | State ID No.: TX50461912 | § | | | JUDGMENT OF CONVICTION BY JURY | | | | Judge Presiding: | Hon. JAMES RUSH | Date Judgment Entered: | 12 / 14 / 2015 | | Attorney for State: | BOBBY BLAND
LISA BORDEN | Attorney for
Defendant: | JUSTIN LOW |

Offense for which Defendant Convicted: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY

| Charging Instrument: | Statute for Offense: | | :-- | :-- | | INDICTMENT | 39.04 Penal Code |

Data of Offense: 3 / 9 / 2014

| Degree of Offense: | | | | | | | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | STATE JAIL FELONY | | | | | | | | | | | | | | | | | | | Verdict of Jury: | | | | | | | | | Findings on Deadly Weapon: | | | | | | | | | | GUILTY | | | | | | | | | | | | | | | | | | | Plea to 1 st Enhancement | | | | | | | | | | | | | | | | | | | Paragraph: | | N/A | | | | | | | | | | | | | | | | | Findings on 1 st Enhancement | | | | | | | | | | | | | | | | | | | Paragraph: | | | N/A | | | | | | | | | | | | | | | | Punished Assessed by: | | | | | Date Sentence Imposed: | | | | | Date Sentence to Commence: | | | | | | | | | JURY | | | | | 12 / 14 / 2015 | | | | | 12 / 14 / 2015 | | | | | | | |

Punishment and Place TWO (2) YEARS STATE JAIL DIVISION, TDCJ of Confinement: THIS SENTENCE SHALL RUN CONCURRENTLY. SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS.

| Fine: | Court Costs: | | | | | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | § 0.00 | § 0.00 | | | | | | | | | | | | | | | |

◻ Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code CRIM. Proc. chapter 62. The age of the victim at the time of the offense was N/A

| | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Time | From | to | From | to | From | to | | | | | | From | to | From | to | From | to | | | | | | If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. | | | | | | | | | | | N/A DAYS | NOTES: N/A | | | | | | | |

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) Defendant appeared in person with Counsel. Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record.

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The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

The Court received the verdict and Ordered it entered upon the minutes of the Court.

Punishment Assessed by Jury / Court / No election (select one)

Q Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ◻ Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. ◻ No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of Tex. Code Crim. Proc. art. 42.12 $ 9 .

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the Ector County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution / Suspension of Sentence (select one)

◻ The Court Orders Defendant's sentence executed. The Court Orders Defendant's sentence of confinement suspended. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

Signed and entered on December 14, 2015

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Case Details

Case Name: Salvador Becerra v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 14, 2015
Docket Number: 12-16-00093-CR
Court Abbreviation: Tex. App.
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