Case Information
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innocence the law also states: "It an applicant alleges and proves fasts, which if true entitle him to relief." See: "Exparte Maldonado, 688 sN 2d 114, 116 (Tex. Gr. App 1183) Also see = Ex. part Richardson, 70 sN 3d 865, 870 (Tex. Gr. App, 2002) Prosecution dismissed the second felony change only, because applicant proved. he was innocent of the change beyond a reasonable doubt; it had nothing to do with applicant taking a plea bargain. Applicant has a copy of the plea bargain agreement, and no where in the plea bargain agreement does it state that prosecution is dismissing a second felony change, but only if applicant agree's to the plea bargain. The only special findings on orders that was on the plea bargain that applies, to applicant was agreed to by the prosecution and the judge, and then read out in court by the judge; "Detendant is court ordered to state Keeping in 126.12. The state how ever did not up hold their end of the plea bargain. If the prosecution does not live up to its part of the plea bargain, doubt is raised as to whether the guilty plea induced by the broken bargain can be regarded as truly voluntary; see = Bass w. State 576 sN 2d 400 (Tex. Gr. App 1979)
Conclusions of Applicants Rebattal D. Prosecution brings up the test that applicant took an eight year plea bargain for failure to register back in 2003, but what prosecution take to understand is that the savings clause was still in effect, so this means applicant was and still innocent of that change; just like applicant is innocent of this change.
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Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.
The Court Finos Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Pre-sentence Investigation, if so ordered, was done according to the applicable provisions of Tex. COOc CRIM. PROC. art. .
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 Morris County District Clerk. 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 Morris County, Texas on the date the sentence is to commence. Defendant shall be confined in the Morris County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the Morris County Clerk. 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 Morris County District Clerk. 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:
Ordered Defendant to Safekeeping in TDCJ.
