May 19, 2006, 16:18Catherine Cockrell
TYC petition problem post plea
i have a kid who recently pled to tyc based on intent to deliver crack (and threatened an officer). apparently, my petition is inadequate because while it specifies crack cocaine, it mistakenly lists 481.119 instead of 481.112 as the section number. the problem is that tyc is only holding him as a general offender for 9 months b/c of the 481.119 section number, which is a class a misd.(HSC CSA). does anyone have any ideas on what i can do, if anything, to rectify the situation? it seems like it is a non-fatal variance b/c the petition and the order both describe the crack and the order doesn't list a section but tyc doesn't see it that way. this is a bad kid and needs to be there for 12 months minimum and segregated. any help/advice would be appreciated, especially since it is 4:15 on a friday. thanks.
[This message was edited by Catherine Cockrell on 05-22-06 at .]
May 22, 2006, 08:40Jeremy Warren
Since it was a "plea" to TYC and not a "jury trial", can't you get your judge to sign a nunc pro tunc order? Assuming your order is correct, I don't see why TYC should have a problem with the "petition" - it is the order of adjudicationa and disposition the counts!
May 22, 2006, 10:19Stacey L. Brownlee
Not sure you can "cure" this with a nunc if it was pled and proven with the "wrong" statute number. If the kid (and his atty) are smart they will never agree to a MNT to replea to higher charge.
Was the level put in with the statute # ?
My pleadings generally say, did XYZ, in violation of Section 123.4, a second degree felony if commited as an adult; if so you may be in a better position, if not I think you're stuck.