`CASE NO. 13CR3557
`Iwcmem N0./TRN: 9216499060 A001
`
`
`THE STATE OF TEXAS
`§
`QJ
`IN THE 10TH
`v.
`§
`' e‘7’-’§«e,As
`‘
`DISTRICT COIzIRrT~OI=
`RICHARD EARL CHENEY
`2
`GALVESTON COUNTY, TEXAS
`
`
`14 APR — 3 AH I0: 23
`
`
`
` Judge Presiding: HON. Kerry L. Neves ggijrflfgnent APRIL 3, 2014
`
`
`
`3‘etg:1‘gnf9‘Attorney for State: KATY JO MUNCIE HOLLY COOPER ROELL
`
`THEFT OF PROPERTY < $1,500 WITH TWO (2) OR MORE PREVIOUS CONVICTIONS
`
`Charging Instrument:
`Statute for Offense:
`
`INDICTMENT
`31.03 Penal Code
`Date of Offense:
`
`DECEMBER 21, 2013
`Degree of Offense:
`STATE JAIL FELONY—sec 12.44(a) PC
`
`Plea to Offense:
`GUILTY
`
`Findings on Deadly Weapon:
`N/A
`
`Terms of Plea Bargain:
`TWE 2 L,M
`
`Plea to 1“ Enhancement
`Enhancement/Habitual
`Plea to 3”’ Enhancement/Habitual
`
`N/A Paragraph: N/AParagraph: Paragraph: N/A
`
`.
`.
`Findings on 2"
`5,
`Findings on 3'
`lllrfigmgstin 1 Enhancement N/A
`Enhancement/Habitual
`Enhancement/Habitual
`gr 9 "
`Para ah N/A
`W Para h: N/
`
`
`
`
`Commence:
`APRIL 3, 2014
`Im Osedz
`TWELVE (12) MONTHS COUNTY JAIL
`Punishment a“d_P1“‘°°
`of Confinement.
`
`APRIL 3, 2014
`
`THIS SENTENCE SHALL RUN CONCURRENTLY.M
`
`E] SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION
`FOR
`
`Attorney Fees:
`Court Costs:
`Fine:
`
`
`$ 0 fr" . «Qtuao ,_
`Rtution:
`Restttion Pyable to
`
`
`
`
`
`$
`
`
`I:I AGENCY/AGENT (see below)
`
`the DfendanTEX. CODE CR1 PROC.apter 2
`Sex fnderatiRequiment do no apply
`
`The of ttim at he time f the ffense as
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`E] VICTIM (see below)
`
`
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`13CR3557-DD-JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
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`Page 1 of 4
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`If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order.
`
`From
`
`to
`
`From
`
`to
`
`From
`
`to
`
`Time
`Credited:
`
`From
`
`to
`From
`to
`.
`.
`.
`.
`.
`.
`.
`.
`If Defendant 1S to serve sentence in county ]ail or is given credit toward fine and costs, enter days credited
`below.
`
`From
`
`to
`
`
`7 DA
`T NOTE: OW INCERAT
`
`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 Galveston County, Texas. The State appeared by her Criminal District
`
`Attorney.
`
`Counsel / Waiver of Counsel (select one)
`
`XI Defendant appeared in person with Counsel.
`
`D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in
`open court.
`
`Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea
`indicated above. The 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 FINDS 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. 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}
`
`D 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 Galveston County and Pre-Trial Services. Once there,
`the Court
`ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution
`
`13CR3557-DD~JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
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`Page 2 of4
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`as ordered by the Court above.
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`E] Confinement in State Jail or Institutional Division [BOOT CAMP]. The Court further recommends
`that the Defendant be placed in the Alternative Incarceration Program (AIP) authorized under Article 42.12
`Sec. 8 of the C.C.P. and Section 499.052 Government Code for a period of not less than seventy-five (75)
`days or more than ninety (90) days. The Court does not retain jurisdiction over the Defendant under
`Article 42.12 Section 6 of the C.C.P.
`
`X] County Jail—Confinement/ Confinement in Lieu of Payment. The Court ORDERS Defendant immediately
`committed to the custody of the Sheriff of Galveston County, Texas on the date the sentence is to commence.
`Defendant shall be confined in the Galveston County Jail for the period indicated above. The Court ORDERS that
`upon
`release
`from
`confinement,
`Defendant
`shall
`proceed
`immediately
`to
`the
`Galveston Coung and Pre—Trial Services.
`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.
`
`X Punishment reduced to a Class “A” Misdemeanor under Article 12.44 (a), Texas Penal Code.
`
`C] 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
`Galveston
`County,
`Texas
`Galveston County and Pre—Trial Services.
`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)
`
`IX] The Court ORDERS Defendant’s sentence EXECUTED.
`
`D 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.
`
`Attachment “A” is attached hereto and incorporated herein for all purposes.
`
`Furthermore, the following special findings or orders apply:
`
`
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`Signed and Entered on this the 3RD day of April, A.D., 2 14.
`
`10TH JUDICIAL DISTRICT COURT
`
`GALVESTON COUNTY, TEXAS
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`13CR3557—DD-JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
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`Page 3 of 4
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`A copy furnished to the above named Defendant and noted in the Docket on this the 3RD day of April,
`A.D., 2014.
`
`JOHN D. KINARD, DISTRICT CLERK,
`GALVESTON COUNTY’ TEXAS
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`=1:****=o=********=s=***>|<******
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` -X-X-X-**-X-****
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`*-X-X-X-X-'X-X-X-X-*
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`*************************
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`DEFENDANT'S RIGHT THUMBPRINT
`
`
`
`, EPUTY
`BY:
`CLERK 10T JUDICIAL DISTRICT COURT
`
`GALVESTO COUNTY, TEXAS
`
`13CR3557-DD-JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
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`Page 4 of 4
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`ATTACHMENT A
`
`STATE OF TEXAS
`
`VS.
`
`RICHARD EARL CHENEY
`
`CAUSE NO. 13CR3557
`
`(
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`)
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`Pursuant to the Texas Code of Criminal Procedure, the Court finds that the victim(s) of this crime is
`(are) owed restitution. Such restitution shall be ordered as a condition of parole.
`
`VICTHVI:
`
`ADDRESS:
`
`AMOUNT: $
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`(
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`(X)
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`(
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`(X)
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`(
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`(
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`(
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`Pursuant to Article 42.18 8(g), of the Texas Code of Criminal Procedure the Defendant is ordered to pay
`to the Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $
`as
`reimbursement for court appointed attorney fees. Such fees shall be ordered as a condition of parole.
`
`Pursuant to Article 42.18 8(g) and Article 102.0178, of the Texas Code of Criminal Procedure the
`Defendant is ordered tosay to the Department ofCourt Services, 600 59th Street Ste. 1500, Galveston,
`Texas, 77551, S 2 El
`for Court Costs. Such costs shall be ordered as a condition of parole.
`
`Pursuant to Article 42.18 8(g), of the Texas Code of Criminal Procedure the Defendant is ordered to pay
`to the Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $
`as
`a fine. Such fine shall be ordered as a condition of parole.
`
`Pay to the G.C.C.S.C.D. $ 25.00 as a Crime Stoppers Program payment to La Margue Crime Stoppers or
`Galveston Crime Stoppers. Such repayment shall be ordered as a condition of parole.
`
`Pursuant to Article 42.18 8(g), of the Texas Code of Criminal Procedure the Defendant is ordered to pay
`to the Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $
`to reimburse the County for extradition costs. Such costs shall be ordered as a condition of parole.
`
`Attend and successfully complete a program designed to educate persons on the dangers of drug abuse
`pursuant to V.T.C.A. Transportation Code, Section 521.374.
`
`The Defendant's driver's license will be suspended for 180 days and continue for an indefinite period up
`and until the Defendant completes the education program pursuant to V.T.C.A. Transportation Code,
`Section 521.372.
`
`(
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`)
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`The Defendant's driver's license will be suspended for one (1) year.
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`Attachment “A” 05/01/08, Page 1 ofl