Case Information

THE STATE OF TEXAS V. DANIEL SCOTT BRADFORD

CASE NO. CR14801

IN THE 266TH DISTRICT COURT ERATH COUNTY, TEXAS

6/21/2017

INCIDENT NO./TRN: 9066796359 A001; STATE ID NO.: TX05913048

JUDGMENT OF CONVICTION BY JURY

Judge Presiding:	HON. JASON CASHON	Date Judgment Entered:	6/21/2017
Attorney for State:	M. ALAN NASH JETT SMITH	Attorney for Defendant:	ANDREW OTTAWAY

Offense for which Defendant Convicted:

DRIVING WHILE INTOXICATED (3RD OR MORE) (ENHANCED)

Charging Instrument:	Statute for Offense:
INDICTMENT	49.04(a); 49.09(b)(2); 12.42(a) Penal Code

Date of Offense: May 5, 2016

Degree of Offense:	Plea to Offense:
3RD DEGREE FELONY Enhanced to 2^nd Degree Punishment	NOT GUILTY

Verdict of Jury:	Findings on Deadly Weapon:
GUILTY	N/A

Plea to 1^st Enhancement Paragraph:	TRUE	Plea to 2^nd Enhancement/Habitual Paragraph:	N/A
Findings on 1^st Enhancement Paragraph:	TRUE	Findings on 2^nd Enhancement/Habitual Paragraph:	N/A

Punished Assessed by:	Date Sentence Imposed:	Date Sentence to Commence:
JURY	6/21/2017	6/21/2017

Punishment and Place of Confinement: 18 YEARS INSTITUTIONAL DIVISION, TDCJ

THIS SENTENCE SHALL RUN CONCURRENTLY.

[ ] SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A .

Fine:	Court Costs:	Restitution:	Restitution Payable to:
$ 2,000.00	$ 481.00	$ 2,060.00	[ ] VICTIM (see below) [X] AGENCY/AGENT (see below)

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.

From 5/5/2016 to 5/7/2016 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 Erath County, Texas. The State appeared by her District Attorney.

Counsel / Waiver of Counsel (select one)

[X] 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.

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

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

[X] 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)

[X] 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, Institutional 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 Erath 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 Erath County, Texas on the date the sentence is to commence. Defendant shall be confined in the Erath County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the . 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 Erath 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)

[X] 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.

[ ] A Victim Impact Statement has been returned in this cause.

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 Defendant's License to operate a vehicle will be suspended for two (2) years from the date of this Judgment.

The defendant shall pay $2,000.00 to Erath County District Clerk for court-appointed attorney fees $1400.00 of which have previously been paid to the District Clerk.

The defendant shall pay lab fees in the amount of $60.00 to Texas DPS, attn: Restitution Accounting, PO Box 4087, Austin TX 78773-0130 (Re: Lab Case Number ABI-1605-02752).

Signed and entered on June 21, 2017

JASON CASHON

JUDGE PRESIDING

Court Cost for Conviction of Felony Offenses Effective January 1, 2016

Cause Number CR14801 State of Texas vs. DANIEL SCOTT BRADFORD

Base Fee	$224.00	X
Added to Base Fee if Applicable:
Restitution Fee (RPFCO $6.00 RPFST $6.00)	12.00	X
Time Payment Fee (TPS - State $12.50 TPC - County $12.50)	25.00	X
Juvenile Delinquency Prevention Graffiti crimes (GE)	50.00	______
Family Violence Fee (FVF)	100.00	______
Visual Recording Fee (VRF)	15.00	______
Jury Fee (if convicted by jury) (JF)	40.00	X
Fees of Prosecution - Gambling (GAMFE)	25.00	______
DNA Testing (DNAST - $225.00 DNACO - $25.00) or (DNAST - $34.00)	250.00 34.00	______ ______
State Traffic Fee (STFST - State $28.50 STFCO - County $1.50)	30.00	______
EMS Trauma Fee (EMSST - State $90.00 EMSCO - County $10.00)	100.00	X
Child Abuse Prevention Fee (offense committed after 9/5/2005) (CSAF - State)	100.00	______
Drug & Alcohol (offense committed after 9/1/2009) (DRACS - State $54.00 DRACC - County $6.00)	60.00	X
Fees of a Peace Officer:
Notice to Appear (NTAST - State $4.00 NTACO - County $4.00)	5.00	______
Warrant/Capias Fee (WFST - State $10.00 WFCO - County $40.00)	50.00	X
Witness (subpoenas) (WITFE)	5.00	X
Writs (WRIT)	35.00	______
Bond - Taking/Approving (BTA)	10.00	X
Commitment or Release (COR)	5.00	______
Summoning Jury (SJ)	5.00	X
Writ of Habeas Corpus Case (each day) (WHCC)	8.00	______
Attorney Fee if applicable:		______
TOTAL $	531.00

NO. CR14801

THE STATE OF TEXAS IN THE 266th District COURT OF Erath COUNTY, TEXAS

Daniel Scott Bradford Defendant

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL *

I, judge of the trial court, certify this criminal case:

[X] is not a plea-bargain case, and the defendant has the right of appeal. [or]

[ ] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal. [or]

[ ] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. [or]

[ ] is a plea-bargain case, and the defendant has NO right of appeal. [or]

[ ] the defendant has waived the right of appeal.

JASON CASHON

Judge

Date Signed 6/21/17

I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals' judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the Court of Criminal Appeals. TEX. R. APP. P. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review.

Defendant Daniel Scott Bradford

Mailing address: 603 E Broadway Stephenville TX 76401

Telephone number: 2544858598

Defendant's Counsel Andrew Ottaway

State Bar of TX ID # 15347850

Mailing address: PO BOX 1679 Granbury TX 76048

Telephone number: 8175732823

* "A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case -- that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant -- a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).

Rev. 10/11