`
`
`Plea to 3rd Enhancement/Habitual
`.
`Plea to 2
`Enhancement/Habltual
`Paragraph: N/A
`
`Paragraph: N/A
`Findin s on 3rEI
`Findin s on 2"
`'
`s
`.
`.
`Enhanfement/Habitual
`Enhanfement/Habitual
`Fmdmgs on 1 tEnhancemg-m
`
`Paragraph:
`N/A
`Paragraph: N/A
`Paragraph: N/A
`Date Sentence to
`JULY 1, 2015
`JULY 1, 2015
`Commence:
`SIX (6) MONTHS STATE JAIL DIVISION, TDCJ
`
`
`
`THE STATE OF TEXAS
`
`COUNT
`CASE NO. 15CR1635
`INCIDENT NO./TRN: 9216726075 A001
`
`IN THE 4051$IJUJDIdIAfif1 "3:09
`
`060U90“9°U90U90090
`
`V.
`
`DISTRICT
` RICHARD EARL CHENEY
`
`STATE ID No.: TX05458860
`
`JUDGMENT OF CONVICTION BY COURT—WAIVER 0F .IURY TRIAL
`
`ggizrilfgmem
`HON. Michelle M. Slaughter
`Judge Presiding:
`Attorney ff”
`Attorney for State: VIRGINIA FRANK
`
`Defendant.
`
`JULY 1, 2015
`MIKE ELLIOTT
`
`Offense for which Defendant Convicted:
`THEFT OF PROPERTY < $1500 WITH 2 OR MORE PREVIOUS CONVICTIONS
`
`Charging Instrument:
`
`INFORMATION
`Date of Offense:
`
`Statute for Offense:
`31.03 Penal Code
`
`JUNE 26, 2015
`
`Degree of Offense:
`STATE JAIL FELONY
`
`
`
`Plea to Offense:
`GUETY
`
`Findings on Deadly Weapon:
`N/A
`
`Terms of Plea Bargain:
`
`SIX (6) MONTHS STATE JAIL DIVISION, TDCJ
`a
`Plea to 1St Enhancement
`Paragraph:
`
`N/A
`
`7
`
`Date Sentence
`
`Imposed:
`Pun‘Shment and_Pla°e
`of Confinement.
`
`[:1 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION
`FOR
`.
`
`THIS SENTENCE SHALL RUN CONCURRENTLY.
`
`Fine:
`$
`
`Restitution:
`
`CO rtCosts:
`$
`
`
`Att rne Fees:
`$
`é“?
`
`Restitution Payable to:
`
`[j VICTIM (see below) El 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
`
`
`
`15CR1635-CAT-JUDGMENTOFCONVICTIONBYCOURT<CHENEY,RICHARD
`
`1§.— 011—17635» 1‘
`Dcwoa
`Judgment
`1059784
`
`
`
`I/II/lI/IlIIII/IlllllIl/Illlll
`
`

`

`
`Time
`If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order.
`
`Credlted:
`From 06/26/15 to 07/01/15
`From
`to
`_ From
`to
`
`
`From
`to
`From
`From
`to
`
`If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited
`
`below.
`"
`
`to
`
`DAYS
`
`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)
`
`X] Defendant appeared in person with Counsel.
`
`NOTES: TOWARD INCARCERATION
`
`E] 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 gselect one)
`
`IE 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
`as ordered by the Court above.
`
`El 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
`
`150R1635 - CAT ~ JUDGMENT 0F CONVICTION BY COURT — CHENEY, RICHARD EARL
`
`Page 2 of4
`
`

`

`
`
`Execution / Suspension of Sentence (select one[
`
`XI The Court ORDERS Defendant’s sentence EXECUTED.
`
`E] 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 Couit 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:
`
`
`Signed and Entered on this the m day of fly, A.D., 2015.
`
`A J
`
`UDGE PRESIDING
`
`405TH JUDICIAL DISTRICT COURT
`
`GALVESTON COUNTY, TEXAS
`
`15CR1635 - CAT - JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
`
`Page 3 of4
`
`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.
`
`[:1 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 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 as ordered by the Court above.
`
`D Punishment reduced to a Class “A” Misdemeanor under Article 12.44 (a), Texas Penal Code.
`
`[:I 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.
`
`

`

`2 15.
`
`A copy furnished to the above named Defendant and noted in the Docket on this the IS_T day of Jilly, A.D.,
`'
`
`JOHN D. KINARD, DISTRICT. CLERK,
`GALVESTON COUNTY, TEXAS
`
`*************************
`
`BY: QgDEPUTY
`
`CLERK 405TH JUDICIAL DISTRICT COURT
`
`GALVESTON COUNTY, TEXAS
`
` **********
`
`**********
`
`*************************
`
`DEFENDANT‘S RIGHT THUMBPRINT
`
`15CR1635 - CAT — JUDGMENT OF CONVICTION BY COURT - CHENEY, RICHARD EARL
`
`Page 4 of 4
`
`
`
`

`

`
`
`( X )
`
`( X )
`
`Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to The Department
`of C_ urt Services, of Galveston County, 600 59th Street Ste. 1500, Galveston, Texas, 77551,
`$ & 3 D"
`as reimbursement for court appointed attorney fees. Such fees shall be ordered as a
`
`condition of parole.
`
`Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to The Department
`of Court Services, of Galveston County, 600 59th Street Ste. 1500, Galveston, Texas, 77551
`$
`for Court Costs. Such costs shall be ordered as a condition of parole.
`
`(
`
`)
`
`( X )
`
`(
`
`)
`
`(
`
`(
`
`)
`
`)
`
`Pursuant to the Texas Code of Criminal Procedure, the Defendant is ordered to pay to The Department
`of Court Services, of Galveston County, 600 59th Street Ste. 1500, Galveston, Texas, 77551,
`$
`as a fine. Such fine shall be ordered as a condition of parole.
`
`Pay to the Department of Court Services, 600 59th Street Ste. 1500, Galveston, Texas, 77551, $ 25.00 as a
`Crime Stoppers Program payment. Such payment shall be ordered as a condition of parole.
`
`Pursuant to 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.
`
`(
`
`)
`
`The Defendant's driver's license will be suspended for one (1) year.
`
`Attachment “A” 05/01/08, Page 1 of1
`
`ATTACHMENT A
`
`STATE OF TEXAS
`
`VS.
`
`RICHARD EARL CHENEY
`
`CAUSE NO: 15CR1635
`
`(
`
`)
`
`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.
`
`VICTIM:
`
`ADDRESS:
`
`AMOUNT: $
`
`