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Had a trial start today. Defendant was present for jury selection and reading of indictment but took off afterwards. Warrant is issued for his arrest and court wants to proceed. 1st, what, if anything, can the court mention about his absence. Second, how do we identify the defendant in guilt innocence. Third, how do we prove up his enhancment if he is convicted. Fourth, trial is for a PCS PG 3. Defendant claims he has a script. How is is negation put in the jury charge.
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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Thoughts off the top of my head:
Presumably a known photo of the defendant (e.g. at time of arrest) is available. Have the witnesses identify the photo after it is authenticated. If you need prints for comparison to a pen packet, known prints taken at time of arrest should be available for comparison. Judge can explain simply that the defendant has voluntarily absented himself from the balance of the trial. May be hard for absent defendant to prove his prescription, since only he should be able to say the very substance possessed was obtained directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. Proof that a prescription was issued or even filled does not serve to tie the prescription to, or to ID, the substance possessed. Of course, if the defendant was carrying the substance in a marked container with his name on it or showed he was qualified as an ultimate user, then things would be different.

Remember that no one can be sentenced in absentia.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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So, can you share what actually occurred in your case? Did the trial proceed?
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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Defendant ended up appearing and was placed into custody. Trial proceeded without him testifying. Found guilty and because of prior conviction received 12 years TDCJ. Was planning on using video surveillance from courtroom from day of jury selection as identifying defendant as same man who pled not guilty to jury and then have arresting officer view video and state that he was the same person he arrested over 1 year ago. Also was going to use jail booking photo and 10 print card for further identification.
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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Guess he just forgot a trial was going on. I take it there was no valid prescription.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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He didn't present any valid script or testify as to a script. He kept claiming a witness that he couldn't get subpoenaed. He had a prior conviction for the same thing put a 200-400g. During punishment, he said it was a 2 liter bottle of syrup.
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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That's just fun......

Just got done with a trial on a little Mexican Mafia member who shot his uncle and left him for dead in the street. The uncle survived, and was the only eyewitness. Very little corroboration, but the jury found the victim to be compelling.
The defendant showed up day 1. Day 2 and 3 and 4 we used his very flattering mugshot, with witnesses who had come to be sworn verifying that he was one and the same who had shown up on Monday. Called his mama, too, who said that the poor defendant was crying and saying he didn't want to go to jail before he ran off Tuesday morning.

Agg Assault WDW with 1 prior (federal - 30 month sentence) for being a "coyote". Sentence? 55 years - not bad for a Laredo jury.

BTW - he was captured the day after when he barricaded himself and 4 hostages in a shack he was hiding in, and threatened officers on the scene. The Ranger talked him out after the thug let the hostages go. As with most cowards, he held the gun to his head for hours, but couldn't pull the trigger.

What do we stack on top of the 55?
 
Posts: 218 | Location: The Border | Registered: April 08, 2011Reply With QuoteReport This Post
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